UMESH KUMAR Vs. VEENA KUMARI

JUDGEMENT

(1.) The petitioner has filed the present petition for terminating further proceedings and quashing orders dtd. 2/11/2023, 17/11/2023 and 20/12/2023 passed by learned Judicial Magistrate First Class, Amb, District Una (learned Trial Court) in Criminal Case No. 86-IV-2013. It has been asserted that the respondent/wife filed a petition against the petitioner/husband for seeking maintenance under Sec. 125 of Cr.P.C. Learned Trial Court awarded the maintenance at the rate of Rs.1,000.00 per month vide judgment/order dtd. 20/3/2009. The respondent filed an application on 16/4/2013 for the enforcement of the order. She claimed the arrears of maintenance w.e.f. March 2009 till January 2013. The petitioner took the preliminary objection that the claim was time-barred. Learned Trial Court passed an order holding that the wife was entitled to maintenance from 16/4/2012 and posted the matter for 15/7/2023 with a direction to pay the maintenance. The petitioner paid the amount in two instalments of Rs.5,000.00 and Rs.7,000.00. The learned Trial Court passed an order on 2/11/2023 directing the payment of the remaining amount. However, nothing was due as per the order dtd. 22/5/2023. The order dtd. 2/11/2023 is contrary to the earlier order dtd. 22/5/2023 and the provisions of Sec. 125 of Cr.P.C. vide which only the arrears of one year can be claimed by the wife. Hence, the present petition.

(2.) The notice of the petition was issued to the respondent/wife but none appeared on her behalf, hence, she was proceeded ex-parte, vide order dtd. 30/7/2024.

(3.) I have heard Mr. N.K. Thakur, learned Senior Advocate assisted by Mr. Karan Veer Thakur, learned counsel for the petitioner.