Supreme Court · 2005 INSC 266 · Decided 6 May 2005
Shantha @ Ushadevi and ANR. v. B.G. Shivananjappa
- Court
- Supreme Court of India
- Citation
- 2005 INSC 266 · [2005] SUPP. 1 S.C.R. 153
- Case number
- CRIMINAL APPEAL No. 673/2005
- Decided
- 6 May 2005
- Bench
- P. VENKATARAMA REDDI, A.K. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 125, 125(3)
Headnote
Code of Criminal Procedure, 1973: A B Sections 125(3), 'first proviso' and 125(1)-Arrears of Maintenance­ Claimfor-Limitation-Trial court orflered maintenance to wife and daughter C under S.125(1)-Petition filed by wife for recovery of maintenance but no payment made by husband-Instead, he IA in the pending petition claiming, maintenance for the entire period-Challenge to, , on gro_und of being time ba~red under proviso to S. 12 5(3) Cr('C-Held: IA D ~ cannot be dismissed as time-barred as the petition ·claiming arrears of maintenance was filed within one year from the
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