SC says;Right of wife to receive maintenance u/s 125 is not curtailed by S.125(3)
A reading of the order dated 21.4.2004 passed by the
High Court would go to show that the proviso to Section
125(3) CrPC has been construed by the High Court to be a
fetter on the entitlement of the claimants to receive arrears
of maintenance beyond a period of one year preceding the
date of filing of the application under Section 125(3) CrPC.
Having considered the said provision of the Code we do not
find that the same creates a bar or in any way effects the
entitlement of a claimant to arrears of maintenance. What
the proviso contemplates is that the procedure for recovery
of maintenance under Section 125(3) CrPC, namely, by
construing the same to be a levy of a fine and the detention
of the defaulter in custody would not be available to a
claimant who had slept over his/her rights and has not
of the defaulter in custody would not be available to a
claimant who had slept over his/her rights and has not
approached the Court within a period of one year
commencing from the date on which the entitlement to
receive maintenance has accrued. However, in such a
High Court would go to show that the proviso to Section
125(3) CrPC has been construed by the High Court to be a
fetter on the entitlement of the claimants to receive arrears
of maintenance beyond a period of one year preceding the
date of filing of the application under Section 125(3) CrPC.
Having considered the said provision of the Code we do not
find that the same creates a bar or in any way effects the
entitlement of a claimant to arrears of maintenance. What
the proviso contemplates is that the procedure for recovery
of maintenance under Section 125(3) CrPC, namely, by
construing the same to be a levy of a fine and the detention
of the defaulter in custody would not be available to a
claimant who had slept over his/her rights and has not
of the defaulter in custody would not be available to a
claimant who had slept over his/her rights and has not
approached the Court within a period of one year
commencing from the date on which the entitlement to
receive maintenance has accrued. However, in such a
situation the ordinary remedy thttps://www.lawweb.in/2013/12/sc-saysright-of-wife-to-receive.html
