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1. MANOJ KUMAR GUPTA VS KAMLESH KUMARI - 17 Jan 12

of maintenance only up to period of one year could be recovered—Recovery warrant could not be issued for recovery of maintenance ... for a period exceeding one year—Further, husband took plea that decree for restitution of conjugal right passed—Wife did not obey ... of—Issuance of recovery warrant—Husband filed objections against—Saying that said application was not maintainable—Because amount ... only up to the period of one year could be recovered and recovery warrant could not be issued for recovery of maintenance for a ... for cancelling the recovery warrant issued for recovery of remaining sum. ... He had deposited Rs. 4,800/- as interim maintenance for a period of one year and he prayed

India - Allahabad


2. Vimla VS State of Rajasthan - 12 Feb 94

Cr.P.C, 1973, Sec. 125 (3) Proviso first - Recovery of arrears of maintenance beyond one year — The first proviso to sub-section ... of arrears of maintenance due beyond one year from the date it became due. ... (3) of Section 125 Cr.P.C. is mandatory in nature and this court is not empowered to issue warrant for recovery of unpaid amount

India - Rajasthan


3. Hyder Ali VS Mustt Ragia Begum - 16 Sep 99

There is no bar for attachment of salary under Section 125(3). Cr. P.C.

regarding recovery of maintenance arrears not exceeding one year was in respect of attachment of property only and not, applicable ... for period preceding one year could not be recovered and attachment of salary for recovery of arrears was not permissible - Limitation ... Criminal Procedure Code, 1973 - Section 125(3) - Order awarding maintenance to wife - Since July, 1985 maintenance was not paid, ... P.C. it is well settled that when an application of recovery of arrears of maintenance is made for a period of more than one year ... P.C. amount of maintenance for period exceeding one year cannot be recovered, in view of the specific provision of Section 125(3) ... of the maintenance due.

India - Crimes


4. Udami Ram VS Geeta - 03 Aug 11

In a petition under Section 128 Cr.P.C., where the application for issuance of warrant is filed within the stipulated period of one year, then the subsequent application filed in the same proceedings cannot be barred by limitation.

was issued on 15-1-2008—Challenger on plea that no attachment for period of maintenance due beyond one year could be passed—Application ... recovery of maintenance amount of Rs. 48,000/- — Order or maintenance of Rs. 1,000/- in favour of wife and her four children was ... passed on 12-12-2000—Respondents filed application in 2001 and then in 2007 for recovery of maintenance allowance—Impugned order ... Counsel for the petitioner has further submitted that no attachment for the period of maintenance due beyond a period of one year ... of maintenance arrears was filed by the wife and four children in the year 2001 itself. ... 2001 and then in the year 2007 for recovering the maintenance allowance and the learned Magistrate by order dated 15.1.2008 issued

India - Crimes


5. Nazma Bi VS Usman Sheikh - 12 Jul 01

due -- recovery of maintenance for period earlier to one year immediately preceding date of application u/s 128 is barred by limitation ... nbsp; ... Learned Magistrate has allowed maintenance ... respondent-husband has divorced the applicant and as such the respondent-husband was directed to pay the amount of Mehr and further amount of maintenance

India - Madhya Pradesh


6. P. Brahmaiah VS P. Padma - 29 Dec 89

CRIMINAL PROCEDURE CODE, Sec125 - Recovery of maintenance awarded - Petition has to be filed within a period of one year from the

India - Andhra


7. Sarif Ahmad VS Anees Mohd. - 09 Feb 99

6 of the Limitation Act, the non – petitioner was entitled to recover whole amount of the maintenance

India - Madhya Pradesh


8. Seema VS Kamlesh Kumar Sharma - 28 Apr 98

for recovery is made within one year from the date it became due. ... awarded under S. 125 -- can be recovered only if application for recovery is made within one year from the date it became due. ... (1) Criminal P.C., 1973 -- Ss. 125 and 125 (3) proviso -- maintenance awarded under S. 125 -- can be recovered only if application

India - Madhya Pradesh


9. Kanchanbai VS Ravindra Kumar - 21 Aug 00

Criminal P.C. 1973 -- S. 125 and 125(3) proviso – application for recover of maintenance amount pending – limitation of one year ... not applicable -- no separate application need be filed when recovery application is already pending.

India - Madhya Pradesh


10. Pundlik VS Sharadabai - 02 Aug 06

Result: Petition dismissed.

fixed by Magistrate - Held, Petition for recovery of arrears filed within one year from date of order of High Court is not barred ... Ramanna, J] Recovery of arrears of maintenance - Limitation - Wife’s Petition for maintenance allowed in part by order dated 30.5.1989 ... Wife entitled to recover arrears of maintenance from date of order of maintenance granted by Magistrate.

India - Karnataka


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