MAYA DEVI Vs. SHANKARLAL RAJAK

JUDGEMENT

(1.) THIS revision is directed against the order dated 24-11-95 passed by the Judicial Magistrate, 1st Class, Jabalpur in MJC No. 443/95.

(2.) APPLICANT No, 1 Maya Devi and her two daughters namely, Ku. Goldi and Ku. Pooja had filed an application for grant of maintenance under Section 125 of the Code of Criminal Procedure, 1973 (henceforth the Code) in Criminal Case No. 23/88 which was allowed. Applicant No. 1 was granted maintenance at the rate of Rs. 200/- per month and so far as applicant Nos. 2 and 3 are concerned, they were granted maintenance at the rate of Rs. 100/-each per month by order dated 5-1-91. Thereafter an application was made on 26-4-95 for recovery of the amount alleging that from April, 93 onwards the amount has not been paid.

(3.) THE respondent inter alia raised an objection to the effect that in view of Section 125 (3) of the Code recovery of amount should he confined to one year prior to Filing of the application. The rest of the amount stood time barred in view of sub-section (3) of Section 125 of the Code. The Court below accepted the objection of the non-applicant and issued warrant of recovery only in respect of the amount Rs. 5,100/- which was due for a period of one year prior to filing of the application.