KARUPPASAMY Vs. VIJAYA

JUDGEMENT

(1.) THIS revision is filed against the order passed by the learned Judicial Magistrate No.1, Kulithalai, in Cr.M.P.No.3086 of 2008 dated 10.07.2009 allowing the petition filed for recovery of arrears of maintenance from the period 04.09.2006 to 04.09.2007.

(2.) THE first respondent/wife filed a petition under Section 125 of Code of Criminal Procedure in M.C.No.08 of 2003 before the learned Judicial Magistrate No.1, Kulithalai against the respondent/husband claiming maintenance for herself and for minor daughter. The said petition was allowed by the trial court by its order dated 03.02.2005 awarding a sum of Rs.500/- to each of the respondents herein from the date of order i.e. on 03.02.2005. The respondent/revision petitioner herein filed a revision before Sessions Judge, Karur, against the said order passed by the trial court and the same was dismissed by the learned Sessions Judge by order dated 18.08.2006 affirming the order passed by the trial court. The respondent challenged it before this Court by filing a petition in Crl.O.P. No.8915 of 2007 against the order passed by the Sessions Judge, Karur. The said Criminal Original Petition was dismissed by this Court by its order dated 31.03.2008 affirming the order passed by the courts below.

(3.) THE learned counsel for the petitioner contended that under proviso to Sub Section(3) of 125 of Cr.P.C. no warrant can be issued to levy the amount due beyond a period of one year. Therefore, application is barred by limitation.