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Imtiyaz Raja   14 March 2021

REGARDING CRPC 125(3)

Dear sir, A Family court has announced the order of maintenance on 15/10/2019 for Rs. 2000/- from the date of application, so wife has filed an application to recover said maintanance on the date of 23/02/2021... So ashe is still eligible to take maintanance or any limitation to submit file... In this situation court can issue warrant if husband denied to pay maintenance under any act of limitation.. If any judgment declared by सुपीरियर court plz try to provide me Thanking of you


 1 Replies

Vasundhara Singh (Student)     02 June 2021

Hello, Greetings of the day!  

Section 125 of Criminal Procedure Code, 1973 lays down the provisions for maintenance to wife, children, and parents irrespective of the religion of the parties. The man is liable to maintain his wife, children, and parents who are unable to maintain themselves.   

Section 125(3) provides for recovery of maintenance if the person defaults in paying the maintenance within the time mentioned by the court without any sufficient cause. The wife can approach the court with the application for the payment of maintenance and the court can issue a warrant to impose the fines and payment of maintenance and if the amount remains unpaid after the execution of the warrant, the court can sentence the defaulter to imprisonment for a term which may extend to one month or until payment.   

There is a limitation period of 12 months within which the wife should file the application before the court for the recovery of the payment of the amount due and the limitation period starts from the day when the payment becomes due.  

Judgments: https://www.casemine.com/judgement/in/56094d7fe4b014971127e79b  

https://www.casemine.com/judgement/in/5728fd55e5610928928b896a  

Best Regards,   

Vasundhara Singh  

Law Student  


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