SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(Ker) 774

K.HARILAL
Benny Varghese – Appellant
Versus
Siby P. Kuruvilla – Respondent


Advocates Appeared:
For the Petitioner:Saigi Jacob Palatty, Advocate
For the Respondent:T.K. Sajeev, Advocate

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the applicability of Section 6 of the Limitation Act to minor-maintenance holders under Section 125(3) Cr.P.C.?

What is the effect of the proviso to Section 125(3) Cr.P.C. on the enforcement of arrears beyond one year when the maintenance holder is a minor?

How should enforcement of arrears due under Section 125(3) Cr.P.C. be treated for minor-maintenance holders in terms of limitation and time to pay?


NUTSHELL

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.


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top