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1991 Supreme(AP) 129

V.BHASKARA RAO
Takkalapally Laxmamma – Appellant
Versus
Takkalapally Rangaiah – Respondent


V. BHASKARA RAO, J.

( 1 ) THIS is a revision petition filed by the wife against the order of the Court below dismissing her petition filed under S. 125 (3) of the Code of Criminal Procedure for recovery of the past maintenance for the period from 9-6-77 to 1-2-1988.

( 2 ) THE brief facts necessary for disposal of this revision are : The wife filed a petition under S. 125, Cr. P. C. on 9-6-1977 seeking grant of maintenance. After contest the petition was allowed on 9-12-1968 granting the maintenance at Rs. 180. 00 per month from the date of application. That order has become final. In pursuance of this grant, the wife filed a petition under S. 125 (3), Cr. P. C. , on 9-1-1989 for execution of the maintenance order. The Court below holding that the wife is entitled to the maintenance from 1-2-1988 to 31-1-1989 (i. e. , for twelve months) dismissed the said petition under S. 12 (3), Cr. P. C. so far it relates to the period prior to 1-2-1988. Hence this revision.

( 3 ) MR. Mahesh Narayan, the learned counsel for the petitioner, submitted that by a reading of first proviso S. 125 (3), Cr. P. C. it is clear that the petition for execution of the maintenance order has to be filed within o










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