SMT. SHAKILA PARVEEN Vs. FIROZ AHMED

JUDGEMENT

(1.) This revision is directed against the order dated 25.01.2017, wherein an application preferred by the applicant under Section 125 (3) Cr.P.C., 1973 was dismissed on the ground that quantified claim stands satisfied which was originally claimed shelving the further claims fell due during pendency of such claim.

(2.) Brief facts of this case, are that initially the applicant/wife had filed an application under section 125 of the Cr.P.C., 1973 on 04.08.2010 and demand of Rs. 5000/- per month by way of maintenance was prayed for. The said case was registered as MJC No.355/2010. The claim for maintenance was decided with further consent of the parties on 06.10.2010 an order was passed, whereby the husband/respondent, on the basis of the compromise effected, agreed to pay Rs. 1500/- per month to the wife by way of maintenance.

(3.) For recovery of such amount of maintenance, on 08.09.2015 an application under section 125 (3) of the Cr.P.C., 1973 was filed, wherein an amount for the period from November, 2014 to September-2015 i.e. of 11 months @ 1500/- per month amounting to Rs. 16,500/- was claimed. It was further claimed that in absence of payment, the consequential recovery by execution as contemplated by sending the respondent/husband jail may be allowed. Thereafter, (the execution proceeding, which was pending) learned Family Court dismissed the said application by holding that the recovery for which the application under section 125 (3) of the Cr.P.C., 1973 was filed stands satisfied as amount of Rs. 16,500/- was paid on a different point of time. The said order is under challenge.