Maintenance becomes due only when it is actually ordered by the court and the person ordered fails to comply without sufficient cause. The limitation to levy maintenance survives until the completion of the next one year from the date it became due.

JUDGMENT :

L.K. Mishra, J. - In this application u/s 482 of the Code of Criminal Procedure, 1973 (here-in-after called "the Code of Criminal Procedure "), order dated 19.06.2006 passed by the learned Sessions Judge, Kalahandi in Crl. Revision No. 24 of 2006 by which he refused to grant stay is impugned.

2. The present Petitioner is the husband, the present opp. party No. 1 is his wife and the present opposite party No. 2 is their minor daughter. On the application of present opposite parties Nos. 1 and 2 filed u/s 125 Code of Criminal Procedure bearing C.M.C No. 55 of 2001; maintenance was granted in their favour to the tune of Rs. 500/- per month from the date of filing of the application i.e. on 12.11.01. Challenging the said order, the present Petitioner filed Criminal Revision No. 24 of 2006 before the Sessions Judge, Kalahandi. The opposite parties Nos. 1 and 2 on the other hand filed five different petitions for realization of maintenance amount u/s 125(3) of Code of Criminal Procedure The present Petitioner filed a petition for stay of the five cases in the revision which was refused by the impugned order occasioning the present application.

3. Though many grounds have been taken in this application, the learned advocate for the Petitioner abandoned all other grounds and advanced a solitary ground to the effect that the execution petitions are barred by limitation and therefore, the learned Sessions Judge should have granted stay of realization of such amounts. According to him if the opposite parties had filed only one execution petition then it would have been maintainable but since five execution petitions have been filed long after the maintenance become due, they are barred by limitation. None appeared on behalf of the opposite party Nos. 1 and 2.

4. Chapter-IX of Code of Criminal Procedure deals with order for maintenance of wife, children and parents. Sub-section (1) of Section 125 Code of Criminal Procedure provides under what circumstances the Magistrate may order maintenance to be paid to the applicant. The provision relating to realization of maintenance amounts are contained in Sub-Section 2 and 3 of Section 125 of Chapter IX of Code of Criminal Procedure which are quoted below in extenso:

125 Order for maintenance of wives, children and parents: (1)

xxx xxx xxx

xxx xxx xxx

(2) Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's [allowances for the maintenance or the interim maintenance and expenses of proceeding], as the case may be remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation: If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

4. xxx xxx xxx

5. xxx xxx xxx

5. A close reading of the relevant provisions shows that at