UMA MAJUMDER Vs. SUBRATA DAS

JUDGEMENT

(1.) By means of filing this criminal revision petition under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder) and Section 19(4) of the Family Courts Act, petitioner has challenged the order dated 18.07.2019 passed by the Family Court, Udaipur in Criminal Misc. (Exe.) 118 of 2018 whereby and whereunder the Family Court has rejected the claim of the petitioners for recovery of arrear maintenance observing that petitioners are not entitled to the recovery of such arrear maintenance as their claim is time barred under Section 125(3) Cr.P.C.

(2.) A brief resume of the background facts would be necessary for deciding the case which is as under:

(3.) Husband having defaulted in paying the maintenance allowance at the enhanced rate in terms of the said order dated 06.03.2017, petitioner filed successive petitions in the Family Court seeking enforcement of the order in terms of Section 125(3) Cr.P.C. In Crl.Misc (Execution) 40 of 2018 which was filed by her on 12.04.2018 she claimed recovery of arrear falling due from 06.07.2017 to 06.04.2018(Annexure-3). In Crl. Misc.(Execution)65 of 2018 she claimed recovery of arrear falling due from 06.05.2017 to 06.05.2018. This was followed by another petition which was filed by the petitioner on 15.11.2018 for recovery of arrear for the period from 06.05.2018 to 06.11.2018 which was registered as Crl. Misc.(Ex)118 of 2018 in which the impugned order dated 18.07.2019 was passed by the Family Court. It appears from the impugned order (Annexure-4) that the Judge, Family Court had taken up all the petitions together and passed a common order dated 18.07.2019 disposing her petitions observing as under: