SMT. PREETI JAIN & OTHERS Vs. MANISH JAIN

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution takes exception to the order dated 13.05.2016 (Annexure-P/1), whereby the application preferred by the petitioners under Section 125(3) of Cr.P.C. is partly disallowed by the Family Court.

(2.) Briefly stated, the admitted facts are that in a Matrimonial Case No.126/2016, the Court below vide order dated 14.05.2013 directed the respondent-husband to pay Rs.15,000/- per month as maintenance amount. The said direction was issued by the Court below in exercise of powers under Section 125 Cr.P.C.

(3.) Shri Sushil Sharma, learned counsel for the petitioner submits that when the amount of maintenance was not deposited in consonance with the requirement of Section 125 Cr.P.C., the petitioners filed an application under Section 125(3) of Cr.P.C. on 14.11.2015. The respondent filed his reply containing a preliminary objection. The Court below, after hearing the parties on the said application, decided it by order dated 13.05.2016. Shri Sharma submits that the Court below has erred in giving a finding that the application under Section 125 (3) of Cr.P.C . is filed on 05.11.2015 and, therefore, as per the proviso to Section 125 (3), the petitioners are entitled to get the amount only for a period of one year. In other words, the petitioners are only entitled to get the amount of maintenance from November, 2014 to November, 2015. Shri Sharma submits that the Court below has erred in disallowing the application for a period before November, 2014. He placed heavy reliance on the language employed in Section 125 (3). In support of his contention, he relied on the judgment of Allahabad High Court in the case of Iftekhar Husain Vs. Smt. Hameed Begum, 1980 Crl. L.J. 1212. In addition, he relied on the judgment of Supreme Court in the case reported in 2005 (4) SCC 468 (Shantha alias Usha Devi and another Vs. B.G. Shivana Nanjappa)and another judgment of Supreme Court in Poongodi and another Vs. Thangavel, 2013 (10) SCC 618.