GUNWANT KAWADOO KATORE Vs. KAWADOO NARAYANRAO KATORE

JUDGEMENT

(1.) THE ultimate fate of this criminal application depends upon the true and correct interpretation of the first proviso to subsection (3)of Section 125 of the Code of Criminal Procedure.

(2.) THE petitioner Gunwant is the minor son of the respondent kawadoo. The petitioner obtained an order for payment of maintenance allowance at the rate of Rs. 100/- per month against the respondent-father under Section 125 of the Code of Criminal Procedure in Criminal Application no. 62 of 1983 on 24th July, 1984. The respondent, his father, challenged the said order vide Criminal Revision No. 45 of 1984 before the court of Session. After hearing the parties the Court of Session confirmed the order of learned Chief Judicial Magistrate granting maintenance allowance to the petitioner. The respondent not satisfied with the concurrent findings of the two Courts below filed Criminal Application No. 620 of 1985 before this Court, but without any success. This Court vide an order dated 14-10-1986 rejected the said criminal application. It is not in dispute that till the decision of this Court neither the respondent paid any amount towards the maintenance allowance of the petitioner, nor the petitioner moved for recovery of the amount under sub-section (3) of Section 125 of the Code of Criminal Procedure.

(3.) BY Application No. 35 of 1987 the petitioner claimed the arrers of maintenance for a period of 32 months. The said application was filed on 18th February, 1987. The respondent deposited a sum of Rs. 1100/- only on 12-8-1987 being the arrears of maintenance allowance for eleven months preceding the date on which the application was filed and contended that the arrears prior to twelve months preceding the date on which the application was filed is not recoverable in these proceedings.