Subodh Kumar Nigam vs State Of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 953

AJIT KUMAR
Subodh Kumar Nigam – Appellant
Versus
State Of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sudhakar Shukla
For the Respondent: Anant Ram Gupta,G.A.,Ram Bahadur Gupta

JUDGMENT :

Ajit Kumar, J.

1. Heard Sri Dhanesh Kumar Verma, learned Advocate holding brief of Sri Sudhakar Shukla, learned counsel for the petitioner and Sri Anant Ram Gupta, learned counsel for the contesting respondents.

2. In this criminal revision filed before this Court a question has been raised as to the propriety of the court concerned in passing an order for payment of arrears towards maintenance for a sum of Rs. 57,000/- by the Additional Principal Judge, Court No. 3, Kanpur Nagar.

3. Submission advanced is that the arrears that have been directed to be paid to the opposite party no. 2 relate to the period starting from the month of March 2021 to September 2022 and since the application for payment thereof came to be filed only on 21.11.2022, it got hit by sub section (3) of Section 125 of Cr.P.C. It is contended that sub section (3) of Section 125 Cr.P.C. puts a fetter upon the right of opposite party to recover the maintenance amount beyond period of one year and accordingly, as has been argued, the Additional Principal Judge, Family Court has wrongly construed the relevant provision in passing the order.

4. Learned counsel for the revision applicant has also submitted that