CRPC 125 MAINTENANCE RECOVERY EXECUTION LIMITATION

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Read provisions of Sub-section 3 of Section 125 Cr PC for limitation which is 12 months.

Rishikesh Tiwari Vs. Deepika Tiwari decided on 22.01.2021 by Allahabad High court may be referred

As to recovery of maintenance under Section 125, the cause of action of continuous. Hence there is no question of limitation. All that the law mandates is that the provisions of sub-section (3) cannot be invoked for recoveries which are pending for more than a year. 

"Section 125 Order for maintenance of wives, children and parents.-

(1)--------------

(2)--------------

 (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 [allowance 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-------"

When the court has passed the order granting maintenance rto the petitioner, it becomes the duty of the respondent o obey the court and not wait until the petitioner files a collection petition to execute the court order.

Therefore the respondent cannot claim restrictions under limitation law for his own mistake.

It is not a money claim or legally liable debt that it will stand barred after a period of three years.

This is a continuous process, hence the respondent is liable to pay the maintenance amount including the arrears of the amount payable as on the date.