K.HARILAL
Benny Varghese – Appellant
Versus
Siby P. Kuruvilla – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
Maintenance order under Section 125 Cr.P.C. in favour of minor - Arrears fell due for 3/4 years - Minor can recover arrears - Limitation of 1 year provided under the proviso to Section 125(3) is not applicable to minor maintenance holders.
Criminal Procedure Code, Section 125 - Limitation Act, 1963 Section 6 Order of maintenance in favour of minor - Arrears not claimed for 3/4 years - Minor can recover the arrears - Limitation of one year will not apply in case of miners - Section 6 of Limitation Act is applicable to the claim of minor-maintenance holders under Section 125(3) of Cr.P.C. - Held :-
(i) The minor-maintenance holders under Section 125(3) of the Cr.P.C. would get protection of legally disabled persons for filing execution petition for realising arrear of maintenance allowance due for a period beyond one year. 1994(3) RCR (Crl.) 386, relied.
[Paras 8, 9, 10 and 11]
ORDER :
1. The Revision Petitioner herein is the respondent in M.P. No. 51 of 2012 in M.C. No. 345 of 2006 on the files of the Family Court, Muvattupuzha. He is the husband of the 1st respondent and the respondents 2 and 3 are the minor children aged 10 years and 7 years respectively, born in that wedlock.
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