THE LIMITATION PERIOD OF 12 MONTHS UNDER SECTION 125(3) Cr.P.C. FOR CLAIMING ARREARS OF MAINTENANCE STARTS FROM THE DATE OF DISPOSAL OF THE REVISIONAL APPLICATION PENDING BEFORE THE HIGH COURT.

Debiprasad Sengupta, J.: This revisional application is directed against an order dated 6.4.2001 passed by the ld. Additional Chief Judicial Magistrate, Alipore in Mat. Execution case No. 7/2001 directing the present petitioner to pay Rs. 91,000/- by 25.5.2001. In default distress warrant to be issued against the petitioner.

2. It appears that the present opposite party No. 1/wife on 26.6.95 filed an application under section 125 Cr. P.C. in the court of ld. Chief Judicial Magistrate, Alipore being Criminal Misc. Case No. 280/95 claiming maintenance for herself and her son. On such application the ld. Magistrate by an order dated 11.12.96 directed the present petitioner to pay Rs. 1500/- for the wife herself and Rs. 1500/- for the minor son as maintenance. Challenging such order the petitioner preferred a revisional application before this court being CRR No. 3742/97. This court admitted the revisional application and called for records of the case. The said revisional application came up for final hearing before this court and by an order dated 30.11.2000 this court dismissed the said revisional application and affirmed the order passed by the ld. Magistrate as aforesaid.

3. It appears that the present petitioner in November, 1994 filed a suit praying for decree of divorce which was numbered as Mat Suit No. 1081/94 in the court of District Judge at Alipore. The present opposite party No.1/wife filed an application in the said Mat Suit praying for maintenance during the pendency of the suit and in the said case the ld. Judge by an order dated 3.4.97 directed the petitioner to pay Rs. 3000/- per month to the opposite party No.1 for her maintenance and her son with effect from 21.9.95. In a Civil Revisional Application being C.O.No. 3234/97 the petitioner challenged the order of alimony passed in Mat Suit as aforesaid and on such application the ld. Single Judge of this court directed the petitioner to pay Rs. 1000/- per month. The said revisional application being C.O. No. 3234/97 came up for final disposal before this court and the ld. Single Judge of this court by an order dated 22.1.2001 disposed of the said civil revisional application directing the present petitioner/husband to pay Rs. 3000/- per month for the maintenance of herself and her son.

4. The criminal revisional application came up for final hearing before this court and His Lordship Hon'ble Justice Moloy Kr. Basu by his order dated 30.11.2000 dismissed the said criminal revisional application and affirmed the order passed by the ld. Magistrate. The present opposite party No. l/wife thereafter filed an application for execution of the order of maintenance and for realisation of the arrear amount of maintenance for the period 11.12.96 to January 2001. According to the present opposite party No.1 /wife she was entitled to get an amount of Rs. 1,47,000/- from the opposite party and since out of the said amount the O.P. has paid Rs. 56,000/-, she is nor entitled to get Rs. 91,000/ - as arrear amount of maintenance. By filing the written statement the present petitioner/husband contested the said application and submitted that the wife can claim maintenance only for a period of 12 months in view of the provisions of section 125(3) of Cr. P.C. The ld. Magistrate by the impugned order directed the present petitioner to pay Rs. 91,000/- being the arrear amount of maintenance to the present opposite party No. l/wife. Challenging such order the petitioner has come up before this court in revision.

Mr. Himangshu De, the ld. Advocate appearing for the petitioner/husband submits that the execution case was not maintainable since in the said proceeding the wife/O.P. has claimed for arrear amount of maintenance for a period beyond 12 months which is not permissible under the law in view of the provisions of section 125(3) Cr. P.C. It is the further submission of the ld. Advocate of the petitioner that the petitioner is going on paying an amount of Rs. 1000/- per month towar