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1983 Supreme(Raj) 383

G.K.SHARMA
Purshotam Dass Vanjani – Appellant
Versus
Smt. Asha Rani @ Ashadevi – Respondent


Advocates:
For the Petitioner:Mr. R. P. Garg, Advocate.

JUDGMENT

1. - I have heard learned counsel for the petitioner. This is an application under Section 482 Cr. P. C. The learned lower court has granted maintenance to the amount of Rs. 150 p.m. to the non-petitioner and the amount for the period 1-1-77 to 30-6-82 was not paid to the non- petitioner. For the recovery of this amount, a request was made to the trial Court, and a warrant of attachment was issued against the petitioner. Against that warrant of attachment, the petitioner filed an application in the lower court that the order of the Court below is illegal and it should be withdrawn. It was also argued that the order of the Court dated 9-7-82 being illegal be set aside. The lower court dismissed that application. However, the petitioner paid to the non-petitioner the maintenance amount for the period 1-1-77 to 30-6-82 was not paid for which a warrant of attachment was ordered to be issued. Against this order, the present petition under Section 482 Cr. P.C. has been filed.

2. The learned counsel for the petitioner has argued that the amount for the period 1-7-77 to 30-6-82 is barred by limitation. According to Section 125 (3), the non-petitioner can only claim the amount withi




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