SITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two questions have been referred to Division Bench by learned single Judge of this Court.

(2.) The facts leading to the present reference, only in so far as relevant for disposal of the reference, is as under.

(3.) It appears that due to matrimonial discord the petitioner allegedly has been de-1 serted by her husband. In course of time the petitioner made an application under Section 125 Cr.P.C. to the Principal Judge, Family Court, Purnea claiming maintenance. The same was allowed. Thereafter, an application was filed in the said proceeding being Matrimonial 40 of 1999 claiming enhancement because of subsequent events. In terms of Section 127 of Criminal Procedure Code, by order dated 04.12.2010, the learned Principal Judge, Family Court, Purnea enhanced the maintenance from Rs.2,500/- to Rs.4,000/ - per month as against Rs. 12,000/- per month sought by the petitioner. It is against this order that the present revision application was filed in this Court on or about 24.01.2012 which would be more than a year after the order was passed. Upon this application being filed, the Stamp Reporter raised an objection that this revision was barred by limitation treating the period for filing revision as 90 days, as in the case of applications under Section 397 read with Section 401 Cr.P.C. This has been contested by the petitioner primarily on the ground that this is an application in terms of Section 19(4) of the Family Courts Act, 1984 and not an application in terms of Sections 397 and 401 Cr.P.C. Accordingly, it is submitted that Article 131 of the Limitation Act which providesfor limitation for filing civil revision or criminal revision would not apply and what would apply would be Article 137 of the Limitation Act which prescribes a period of three years where no other period is prescribed. It is under these circumstances when the matter was taken up before the learned single Judge, the learned single Judge formulated the questions as noted above and referred to Division Bench for authoritative opinion.