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2021 Supreme(Tri) 52

S.G.CHATTOPADHYAY
Uma Majumder (Das) W/o Sri. Subrata Das – Appellant
Versus
Subrata Das S/o Sri. Swapan Das – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. R. Majumder.
For the Respondent: Mr. S. Debnath.

JUDGMENT :

S.G. CHATTOPADHYAY, J.

1. By means of filing this criminal revision petition under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. hereunder) and Section 19(4) of the Family Courts Act, petitioner has challenged the order dated 18.07.2019 passed by the Family Court, Udaipur in Criminal Misc. (Exe.) 118 of 2018 whereby and whereunder the Family Court has rejected the claim of the petitioners for recovery of arrear maintenance observing that petitioners are not entitled to the recovery of such arrear maintenance as their claim is time barred under Section 125(3) Cr.P.C.

2. A brief resume of the background facts would be necessary for deciding the case which is as under:

    Petitioner Smt. Uma Majumder (Das) is the wife of the respondent and minor petitioner Ms. Souramin Das is their daughter. Claiming maintenance allowance for herself and their daughter, petitioner wife Smt. Uma Majumder (Das) approached the Family Court at Udaipur by filing a petition under Section 125, Cr.P.C. which was decided by the Family Court by a brief order dated 25.04.2013 [Annexure-1] passed in Criminal Misc. No. FC/UDP/67/2012 granting maintenance allowance o

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