SEEMA KUMARI @ SEEMA DEVI Vs. MANORANJAN SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite party.

(2.) The petitioner has moved the Court under Section 19(4) of the Family Courts Act, 1984 against the order dated 28.06.2018, passed by the Principal Judge, Family Court, Begusarai by which Miscellaneous Case No. 9 of 2017, has been dismissed.

(3.) The petitioner, who is the wife of the opposite party had filed Maintenance Case No. 110M of 2010 on 15.09.2010 under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') in which, after hearing the parties, the Principal Judge, Family Court, Begusarai passed an order on 12.08.2015, directing the opposite party to pay Rs. 2,500/- per month interim maintenance to the petitioner from the date of filing of the petition. The opposite party not paying the amount led to the petitioner filing a petition before the Court below on 28.09.2015, praying for implementation of such order. Against the said interim order, the opposite party moved this Court in Criminal Revision No. 972 of 2015 in which on 08.02.2016, while issuing notice to the petitioner, the Court had made it clear that it had not stayed the proceedings and therefore, the Principal Judge, Family Court, Begusarai shall take stringent steps for ensuring compliance of the order in the maintenance case. The petitioner did not comply with the said order and the Court below also did not take any steps due to which, the petitioner again filed an application on 05.11.2016, praying for payment of the amount by the opposite party. Thereafter, the petitioner filed Miscellaneous Case No. 9 of 2017 on 28.08.2017 under Section 128 of the Code praying for payment in terms of order dated 12.08.2015. The Court below has rejected the Miscellaneous Case No. 9 of 2017, by the impugned order dated 28.06.2018, on the ground that the application had to be filed within one year from the date of the order as per the stipulation of Section 125(3) of the Code.