Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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RISHI JI   21 March 2021

CRPC 125 MAINTENANCE RECOVERY

Hi,

I would like to know the procedure in recovery of maintenance under CrPC 125. maintenance pending 4 years.


I would also like to know that in which condition the court can issue warrant in maintenance case?

Thanks,


Learning

 3 Replies

Advocate M.Bhadra   21 March 2021

Article 105 of the Limitation Act, clearly provides the period of three years for recovery of arrears of maintenance by a Hindu. Therefore, the decree-holder should have filed the execution petition for recovery of arrears of maintenance before the expiry of three years from the date of passing the decree.. OR 

Alternative proceeding u/sec.12 of the Protection of Women from Domestic Violence Act in Judicial Magistrate Court.

 

minakshi bindhani   02 November 2021

As per your concern!


Under section 125(3) of the Code of Criminal Procedure Code, it is possible to claim arrears of maintenance for twelve months at the maximum, as there is a limitation to that effect provided in the code itself and therefore, beyond the limitation period of one year, if any application to seek arrears is filed as has been filed by the wife in the petition, the same should have been rejected by the learned Magistrate, instead he has allowed the same by issuing warrant directing the arrest of the husband.

However, Section 125 (3) regarding the recovery of maintenance, the recovery of maintenance or interim maintenance may be made by applying the procedure of issuing a warrant for levying the amount due in the manner provided for levying fines i.e. by way of applying provisions of section 421 of Code of Criminal Procedure.

When he is arrested, he would be produced before the concerned Judge. If the husband comes forward to settle the arrears of maintenance, he need not be sentenced to jail for a maximum period of one month, as such measure is possible for the learned Judge while invoking subsection (3) of Section 125.

Hope it is useful!
Regards
Minakshi Bindhani

MS Kaur   09 November 2021

But it husband is abscoding since 1year inspite of  issue conditional warrant u/s 125 then Then proceeding of proclaimed person can be intated or not u/s 82 crpc


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