MAMTA Vs. BUDHMAL RAJAK

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure, 1973 by the wife is directed against the order dated 13.8.1998 passed in Criminal Revision No. 56/98 by the Additional Sessions Judge, Umaria, whereby he dismissed the revision confirming the order as passed by the Judicial Magistrate partly allowing her application filed under section 125(3) of the Code of Criminal Procedure, 1973.

(2.) IT is not in dispute that sometime in the year 1992 Judicial Magistrate, First Class, Umaria, allowed the petitioner's application filed under section 125 of the Code of Criminal Procedure, 1973 and directed the respondent to pay her maintenance allowance at the rate of Rs. 250/- per month. As the respondent did not pay the maintenance allowance as directed, petitioner filed an application under section 125(3) of the Code of Criminal Procedure, 1973 for the recovery of arrears due before the Judicial Magistrate, First Class, Umaria. The said application was dismissed by order dated 17.3.1994 on the ground that the petitioner did not furnish the address of respondent. This order was not challenged and as such it attained finality. Petitioner after about 2-1/2 years again filed an application dated 5.11.1996 under section 125(3) of the Code of Criminal Procedure, 1973 for the recovery of arrears due from 27.11.1992. The learned Magistrate, in view of the first proviso to section 125(3) of the Code of Criminal Procedure, 1973 by order dated 22.10.1997 directed the respondent to pay arrears only for a period of one year preceding the date on which the application was filed.