SARIFUDDIN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In connection with a proceeding under Section 125 of the Code of Criminal Procedure the present petitioner was directed to pay maintenance @ Rs. 400/- per month for each of his two child. Such order was passed on February 13, 2003 and it was directed that the maintenance to be paid from the date of application, i.e., from May, 2002.

(2.) It is now contended on behalf of the petitioner that for recovery of the arrear of maintenance for the period from May 6, 2002 to July 6, 2007 an application was moved before the Learned Court below on July 12, 2007. It is the case of the petitioner that in view of proviso to sub-section (3) of Section 125 of the Code, in order to recover any amount due in terms of an order made under Section 125 of the Code necessary application has to be moved before the Court below within a period of one year from the date on which it became due. Such legal position has not been disputed by the Learned Counsel appearing on behalf of the opposite party/wife.

(3.) Mr. Sanyal, Learned Counsel appearing on behalf of the opposite party admitted that it is true that such application for recovery of maintenance for the period from May 6, 2002 to July 6, 2007 was moved on July 12, 2007 and as such the amount that may be recovered is only from the month of July, 2006.