P.VENKATARAMA REDDI, A.K.MATHUR
Shantha @ Ushadevi – Appellant
Versus
B. G. Shivananjappa – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
Section 125 Cr.P.C. is a social legislation intended for the welfare of wives and daughters, and it should be interpreted liberally to serve its social purpose (!) (!) .
The liability to pay maintenance under Section 125(1) is a continuous and ongoing obligation, and it is unreasonable to require the filing of successive applications for arrears of maintenance, as the obligation persists until fully paid (!) (!) .
An application filed under Section 125(3) for recovery of arrears of maintenance must be made within one year from the date the amount becomes due, as per the proviso to this section (!) (!) .
If an application for recovery of arrears is filed within the limitation period, subsequent applications to specify the amount due are considered supplementary or incidental to the original petition and do not constitute new applications subject to limitation (!) (!) .
In cases where the original petition remains pending and no warrant has been issued, filing an additional application to specify the arrears due up to a later date does not violate the limitation period, as it is part of the ongoing proceeding (!) .
The purpose of Section 125 is to ensure social welfare, and the law should be construed broadly to facilitate the enforcement of maintenance orders without undue procedural hurdles (!) (!) .
The courts have the authority to take appropriate steps for recovery if arrears are not paid within a specified period, and the proceedings should reflect the continuing nature of the obligation (!) .
The decision emphasizes that insisting on multiple applications for arrears, when the obligation is ongoing, is unreasonable and contrary to the legislative intent of Section 125 Cr.P.C. (!) .
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Judgment
A.K. Mathur, J.—Leave granted.
2. Brief facts giving rise to this appeal are that the appellant, Shantha @ Ushadevi and Kusuma, a minor represented by her mother-guardian filed a petition under Section 125 of the Code of Criminal Procedure being Criminal Petition No. 2 of 1991 before the trial Court against respondent claiming for maintenance. The said criminal petition was allowed by the trial court by its order dated January 20, 1993 awarding a sum of Rs. 500/- to the appellant, the wife of the respondent and a sum of Rs. 300/- to Kusuma, the daughter for maintenance. The appellant filed Criminal Miscellaneous Petition No. 47 of 1993 under Section 125(3) of the Code of Criminal Procedure claiming an amount of Rs. 5,365/- as arrear maintenance calculated from January 20, 1993 (i.e. the date of the trial court’s order granting maintenance) to August 31, 1993. Respondent filed a criminal revision before the Sessions Judge, Tumkur being Crl. Revision Petition No. 35 of 1993 against the order passed by the trial court. This revision petition was dismissed by the Sessions Judge by its order dated June 26, 1997 affirming the order passed by the trial court. Thereafter, the respon
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