Bombay High Court
Chanddrashekhar
Versus
Jayshree
Decided On:

Headnote:Sections 125 (3), 128-Warrants of recovery of maintenance-Limitation Arrears of maintenance of 17 months-Non-bailable warrants for recovery issued by Magistrate-Order of Magistrate challenged-Ground of no recovery beyond period of one year- Held, order of recovery contrary to law.

       On the basis of the facts, it is clear that when the application under Section 128, Cr. P. C. was made for the recovery of the amount for 17 months the trial Court could not have issued the warrant for recovery of the amount for five months for a period between 19th June, 1984 to 18th November, 1985. Thus, the warrant for the claim of maintenance issued by the trial Court for a period beyond one year which includes five months is illegal.

       For Citation : (1989) 1 DMC 235 at p. 236