HAGIRI DEI Vs. BUDHIRAM BEHERA

JUDGEMENT

(1.) PETITIONER No. 1 is the wife and petitioner No. 2 is the daughter of opposite party. On ground of neglect by the opposite party, the petitioners filed an application under Section 125 of the Criminal. P.C. in the court of the Sub -Divisional Judicial Magistrate, Balasore, which was registered as Misc. Case No. 128 of 1972. By order dated 7.11.1973, the petitioner No. 1 was granted maintenance of Rs. 20/ - per month and petitioner No. 2, Rs. 10/ -.

(2.) AS the opposite party committed default in payment, the petitioners filed Misc. Case No. 392 of 1975 under Section 488(3) of the Criminal Procedure Code 1898, corresponding to Section 125(3) of the new Code for dues of 18 months from the date of order. Order having been passed against the opposite party, a revision was carried by him to the Sessions Judge and being unsuccessful there, he filed a writ petition before this Court in O. J. C. No. 216 of 1977. It was contended therein that who opposite party having been adjudged insolvent subsequent to the proceeding, his liability did not exist and stood wiped out and having regard to the period of one year fixed under the proviso to Sub -Section (3) of Section 488, within which the application should be made (calculating from the date on which the amount became. due), no action could be taken against the opposite party for the dues of the period exceeding one year. This Court held (on the question of insolvency) : -

(3.) MR . Sutar, learned counsel for the petitioners, submitted that the opposite party having agreed to pay the dues by instalments and an order having been passed on the basis of his concession, his objection at a later stage on the question of limitation was not maintainable.