SHEELA Vs. MURALEEDHARAN

JUDGEMENT

(1.) THE question arising for consideration in this revision is whether minors in whose favour decree for maintenance was passed would be entitled to execute the decree within twelve years of the respective period for which maintenance is due or whether they should file the execution petition before the expiry of three years of their attaining majority as provided in Section 8 of the Limitation Act.

(2.) THE petitioners herein are the decree holders. The suit was filed for maintenance. Decree was passed on 31-8-1989. It was a compromise decree. Rs. 75/- per month was allowed to both the petitioners as maintenance. The first petitioner, Sheela, attained majority on 22-12-1996. The second petitioner, rajesh, attained majority on 18-6-1998. The execution petition was filed on 20-11-2002 for realisation of maintenance from 20-1-1988 to November 2002. Before the executing Court, the respondent /judgment debtor contended that the execution petition is barred by limitation. It was also contended by him that Sheela was married and, therefore, she is not entitled for maintenance. The date of marriage is not mentioned by either party. The Court below accepted the contention raised by the judgment debtor and held that since the execution petition was filed beyond three years of the attainment of majority by the minors, the execution petition is barred by limitation.

(3.) SECTION 6 (1) of the Limitation Act provides that where a person entitled to institute a suit or make an application for the execution of a decree, is at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule. Section 8 of the Limitation Act is in the nature of an exception to Sections 6 and 7. Section 8 provides that nothing in Section 6 or in Section 7 applies to suits to enforce rights of preemption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.