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2024 Supreme(HP) 461

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
Umesh Kumar – Appellant
Versus
Veena Kumari – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. N.K. Thakur, Senior Advocate, with Mr. Karan Veer Thakur, Advocate.
For the Respondent: Proceeded against ex-parte vide order dated 30.07.2024.

Table of Content
1. time limitation for maintenance claims. (Para 1 , 4 , 6)
2. court's recognition of legislative limits. (Para 3 , 5 , 9)
3. enforcement of maintenance orders within a year. (Para 7 , 8)
4. petition allowed; previous order set aside. (Para 10 , 11)
JUDGMENT :

Rakesh Kainthla, J.

1. The petitioner has filed the present petition for terminating further proceedings and quashing orders dated 02.11.2023, 17.11.2023 and 20.12.2023 passed by learned Judicial Magistrate First Class, Amb, District Una (learned Trial Court) in Criminal Case No. 86-IV- 2013. It has been asserted that the respondent/wife filed a petition against the petitioner/husband for seeking maintenance under Section 125 of Cr.P.C. Learned Trial Court awarded the maintenance at the rate of Rs.1,000/- per month vide judgment/order dated20.03.2009. The respondent filed an application on 16.04.2013 for the enforcement of the order. She claimed the arrears of maintenance w.e.f. March 2009 till January 2013. The petitioner took the preliminary objection that the claim was time-barred. Learned Trial Court passed an order holding that the wife was entitled to maintenance from 16.04.2012 and posted the matter for 15.07

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