PREMI DEVI Vs. PREM CHAND

JUDGEMENT

(1.) This revision petition is directed against the order dated 21.6.2003 passed by the learned Chief. Judicial Magistrate, Shimla whereby the objection petition of the respondent against the claim of the petitioner for arrears of maintenance has been allowed and the application for recovery of such arrears has been held barred by limitation.

(2.) The undisputed facts not called in question by either of the parties are that vide order dated 2.7.1997 passed in Criminal Revision No. 72 of 1996 this Court awarded maintenance to the petitioner @ Rs. 500/ - per month. The maintenance was made payable from 6.12.1993. In order to recover the maintenance for the period 6.12.1993 to May 2001 amounting to Rs. 1,10,000/ - the petitioner filed an -application under Section 128 Cr.P.C. on 29.5.2001 wherein it was averred that arrears of maintenance to the tune of Rs. 54,500/ -are recoverable.

(3.) The respondent filed objections to the application for realization of the arrears of maintenance claiming that the application was barred by time, for the arrears claimed for the period prior to 12 months of the filing of the application. The records reveal that a sum of Rs. 6000/ - for the period for which the claim was within limitation had been received by the petitioner in the Court itself. The claim for the arrears beyond 12 months of the filing of the application was dismissed as barred by time. Being aggrieved, the petitioner has filed this petition.