G. B. PATTANAIK, J.

( 1 ) PETITIONER is the legally married wife of the opposite party who had obtained an order of monthly maintenance of Rs. 60/- in an application filed under S. 125 of the Criminal P. C. (hereinafter referred to as the "code" ). The application for maintenance was filed on 24-6-1977 and the Magistrate allowed the said application by order dt. 24-4-1978. Against the same order, the husband carried a revision to the Sessions Judge and the learned Sessions Judge dismissed the same by order dt. 13-9-1979. Thereafter, on 14-11-1979, an application was filed by the wife invoking the Magistrate's jurisdiction under sub-sec. (3) of S. 125 of the Code. The learned Magistrate by the impugned order has limited the claim of the wife to a period of one year from the date of filing of the application, i. e. up to 14-11-1978 on the ground that under the first proviso to sub-sec. (3) of 125 of the Code, no warrant can be issued for recovery of any amount due under the section unless the application be made to the Court to levy such amount within a period of one year from the date on which it became due.

( 2 ) MR. Mund, the learned counsel for the petitioner contends that the p