SHAKUNTALABAI SHESHRAO PATIL Vs. SHESHRAO BHIMRAO PATIL

JUDGEMENT

(1.) A short but an interesting question is raised in this criminal writ petition arising out of the proceedings for execution and enforcement of the order of maintenance passed in favour of the petitioner against the respondent No. 1.

(2.) Briefly the facts are that the petitioner filed an application for maintenance under Section 125 of the Code of Criminal Procedure (for short "the Code'') in the Court of the Judicial Magistrate, First Class, Nilanga, registered as Miscellaneous Case No. 34 of 1972. In the said proceedings for maintenance a compromise was arrived at between the parties on 21-7-1973 in terms of which an order was passed on that day by the learned Judicial Magistrate, F. C. Nilanga. According to the said order, the respondent No. 1 had agreed to pay the maintenance at Rs. 800/- per year to the petitioner.

(3.) It appears that for sometime the maintenance was paid by the respondent No. 1 to the petitioner. However, he thereafter did not pay the same to her. By this time the petitioner had shifted to Jalna. Since the maintenance was not being pay to her, she filed an application before the learned Judicial Magistrate, First Class, Jalna for recovery of the amount of maintenance of Rs. 800/-. It would appear from paragraph 3 that although the arrears of maintenance were for a period of more than one year, she chose to file the application for maintenance for one year as per law and procedure which would mean that the arrears for more than one year were barred by limitation as provided in the first proviso to Section 125 (3) of the Code. The said application is styled as an application under Section 126 of the Code.