Maintenance claims must be enforced within one year of becoming due, with any claims exceeding this period being irrecoverable, as per Section 125(3) of the Criminal Procedure Code.

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 15.07.2023 with a direction to pay the maintenance. The petitioner paid the amount in two instalments of Rs.5,000/- and Rs.7,000/-. The learned Trial Court passed an order on 02.11.2023 directing the payment of the remaining amount. However, nothing was due as per the order dated 22.05.2023. The order dated 02.11.2023 is contrary to the earlier order dated 22.05.2023 and the provisions of Section 125 of Cr.P.C. vide which only the arrears of one year can be claimed by the wife. Hence, the present petition.

2. The notice of the petition was issued to the respondent/wife but none appeared on her behalf, hence, she was proceeded ex-parte, vide order dated 30.07.2024.

3. I have heard Mr. N.K. Thakur, learned Senior Advocate assisted by Mr. Karan Veer Thakur, learned counsel for the petitioner.

4. Learned counsel for the petitioner submitted that a period of one year has been prescribed under the first proviso to sub-Section 3 of Section 125 of Cr.P.C. The learned Trial Court had recognized this position while passing an order dated 22.05.2023. However, the order was ignored and a subsequent order dated 02.11.2023 was passed directing the petitioner to pay the arrears of maintenance with effect from 2009 till 2013. The learned Trial Court could not have reviewed its earlier order. Therefore, he prayed that the present petition be allowed and the order dated 02.11.2023 be set aside.

5. I have given considerable thought to his submissions made at the bar and have gone through the records carefully.

6. A perusal of the copy of the application for the enforcement of the order dated 20.03.2009 shows that the respondent/wife had sought maintenance with effect from 20.03.2009 till 20.01.2013 at the rate of Rs. 1,000/- per month. Learned Trial Court passed an order on 22.05.2023 holding that the application was time-barred as the same was supposed to be filed within one year of the accrual of the right of maintenance. The application was filed on 16.04.2013. The wife was entitled to seek maintenance only from 16.04.2012 onwards as per Section 125 (3) of CrPC. The copies of the order dated 15.07.2023 and 26.09.2023 show that an amount of Rs. 5000/- was paid on 15.07.2023 and an amount of Rs.7000/- was paid on 26.09.2023. This means that the amount of Rs.12,000/- being the arrears of maintenance of one year at the rate of Rs.1000/- per month was paid in terms of the order dated 22.05.2023. However, the learned Trial Court passed an order on 20.12.2023 issuing the warrant of recovery of Rs.1,20,000/-.

7. It was laid down by the Madhya Pradesh High Court in Nanhi Bai v. Netram , 2001 Cri LJ 4325:2001 SCC OnLine MP 128 that the right of maintenance is granted to a needed person, who should enforce the order of maintenance within one year. In case the order is not enforced wit