V. BHASKARA RAO, J.

( 1 ) THIS is a revision petition filed by the wife against the order of the court below dismissing her petition tiled under Section 125 (3) of the Code of Criminal Procedure for recovery of the past maintenance for the period from 9-6-77 to 1-2-88.

( 2 ) THE brief facts necessary for disposal of this revision are ; The wife filed a petition under Section 125 Cr,p. C. , on 9-6-77 seeking grant of maintenance. After contest the petition was allowed on 9-12-88 granting the maintenance at Rs. 180/-per month from the date of application. That order has become final. In pursuance of this grant, the wife filed a petition under Section 125 (3) Cr. P. C. , on 9-1-89 for execution of the maintenance order. The court below holding that the wife is entitled to the maintenance from 1-2-88 to 31-1-89 (i. e. , for twelve months) dismissed the said petition under Section 125 (3) Cr. P. C. , so far it relates to the period prior to 1-2-88, Hence this revision.

( 3 ) MR. Mahesh Narayan, the learned counsel for the petitioner, sub-mitted that by a reading of first proviso Sec. 125 (3) Cr. PC. , it is clear that the petition for execution of the maintenance order has to be filed wi

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