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Issues:
- Interpretation of the proviso to sub-section (3) of Section 125 of the Code of Criminal Procedure regarding the limitation period for claiming arrears of maintenance. - Determination of whether the application for arrears of maintenance filed beyond one year is barred by limitation. - Analysis of whether filing a fresh application for arrears of maintenance is necessary during the pendency of the original application under Section 125(3) Cr. P. C. Analysis: 1. The case involved a petition under Section 125 of the Code of Criminal Procedure for maintenance, where the trial court awarded maintenance to the wife and daughter. Subsequent petitions and revisions were filed by both parties regarding the arrears of maintenance, leading to conflicting judgments by the Sessions Judge and the High Court. 2. The High Court held that the application for arrears filed after one year from the date the maintenance became due was barred by limitation, contrary to the Sessions Judge's view. The key issue was whether the arrears beyond one year could be claimed under Section 125(3) of the Cr. P. C. 3. The Supreme Court analyzed the proviso to Section 125(3) which limits the issuance of warrants for recovery of maintenance amounts beyond one year. The Court emphasized that the purpose of the provision is to ensure timely claims for arrears while considering the welfare of the wife and daughter. 4. The Court noted that the original petition for maintenance was filed within the limitation period and remained pending. The subsequent application for arrears was seen as supplementary to the original petition, aiming to specify the exact amount due. The Court highlighted the continuing liability of the husband to pay maintenance, emphasizing the liberal interpretation of Section 125 Cr. P. C. for the benefit of the wife and daughter. 5. Ultimately, the Supreme Court set aside the High Court's order, reinstating the Sessions Judge's decision. The Court directed the Magistrate to take appropriate steps for recovery if the arrears of maintenance were not paid within three months, emphasizing the social welfare aspect of Section 125 Cr. P. C. and the need for a practical approach in maintenance cases.
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