SHANTHA @ USHADEVI AND ANR. versus B.G. SHIVANANJAPPA

SHANTHA @ USHADEVI AND ANR. versus B.G. SHIVANANJAPPA

Where the main application for recovery of maintenance arrears under Section 125(3) CrPC was filed within the prescribed limitation period and remained pending without action, a supplementary application specifying accrued arrears up to a later date is not time-barred; the bar of limitation under the proviso to Section 125(3) CrPC does not apply in such circumstances.

Parties
Appellant: Shantha @ Ushadevi; Appellant (minor, Represented by Mother): Kusuma; Respondent: B.G. Shivananjappa
Jurisdiction
India
Judgment Date
06 May 2005
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court order set aside and Sessions Judge's order restored.
Legal Topics
Maintenance, Limitation Under Section 125(3) Cr PC, Execution of Maintenance Orders
Criminal Law Family Law Maintenance Limitation Under Section 125(3) Cr PC Execution of Maintenance Orders

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Parties

Shantha @ Ushadevi

Appellant

Kusuma

Appellant (minor, Represented by Mother)

B.G. Shivananjappa

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the application claiming arrears of maintenance was time-barred under proviso to Section 125(3) CrPC
  2. 2 Whether a supplementary application is required for arrears accrued during pending proceedings under Section 125(3) CrPC

Ratio Decidendi

Where the main application for recovery of maintenance arrears under Section 125(3) CrPC was filed within the prescribed limitation period and remained pending without action, a supplementary application specifying accrued arrears up to a later date is not time-barred; the bar of limitation under the proviso to Section 125(3) CrPC does not apply in such circumstances.

Court Disposition

Appeal allowed; High Court order set aside and Sessions Judge's order restored.

Orders

  • Magistrate to take steps under Section 125(3) CrPC in case arrears of maintenance are not paid within three months from date of judgment.