ARJUNA BEHERA Vs. JEMAMANI BEHERA

JUDGEMENT

(1.) This matter is taken up through Hybrid mode.

(2.) Petitioner in this RPFAM prays for a direction to quash the proceeding in Cr.P No.68 of 2018 pending before learned Judge, Family Court, Keonjhar, filed under Sec. 128 Cr.P.C.

(3.) Mr. Behera, learned counsel for the Petitioner submits that the Opposite Party filed Cr.P No.68 of 2018 under Sec. 128 Cr.P.C. for execution of the order of maintenance passed in a proceeding under Sec. 125 Cr.P.C. in CMC No.99 of 2001 by JMFC, Keonjhar for the period from the year 2013 to 2018. It is his submission that in view of Sec. 125(3) Cr.P.C., the Opposite Party can file execution of an order of maintenance for a period of one year only and not prior to that. Since the Execution Case was filed for recovery of maintenance for a period prior to one year from the date of filing of such petition under Sec. 125 Cr.P.C. the same is not maintainable and liable to be quashed.