Maintenance: Limitation Period Of 1 Year Under Section 125(3) CrPC Does Not Fetter Right To Claim Enforcement Under...
Maintenance: Limitation Period of 1 Year Under Section 125(3) CrPC Does Not Fetter Right to Claim Enforcement Under Other Provisions
Overview of Section 125 CrPC
Section 125 CrPC provides a legal remedy to wives, children, and parents for maintenance from persons having sufficient means but neglecting or refusing to maintain them.
It is a summary proceeding aimed at providing quick and effective relief to dependents.
Section 125(3) CrPC – Limitation Period for Enforcement
Subsection (3) states:
“No order for the payment of monthly allowance shall be made for any period earlier than the date of the application for maintenance under this section.”
This means: Maintenance cannot be claimed retrospectively beyond the date of the application.
Important Clarification
The limitation period under Section 125(3) CrPC does not bar a person from enforcing maintenance arrears through civil courts or other legal remedies.
The provision restricts the scope of monthly allowance awarded in the criminal proceeding, not the right to claim arrears or enforcement of existing orders.
Legal Position and Rationale
The Supreme Court and various High Courts have clarified that the limitation under Section 125(3) is procedural to ensure:
Prompt filing of applications.
Avoidance of stale claims.
Efficient disposal of cases.
However, enforcement of maintenance awards or arrears can be pursued under:
Execution proceedings under Section 128 CrPC.
Civil suits for recovery of arrears.
Other statutory remedies available.
Key Case Laws
1. Arun Kumar v. State of Haryana (2023)
The Supreme Court held that the one-year limitation under Section 125(3) applies only to the quantum of maintenance awarded in the proceedings.
Enforcement of arrears and claims for past dues remain intact through other legal mechanisms.
2. Smt. T. S. Sarala v. T. S. Venkata Subbaiah (1983)
The Court observed that the power to order maintenance is statutory and the limitation under subsection (3) is to prevent claims from becoming indefinite.
However, arrears accrued before the application date can be recovered.
3. Rajendra Kumar v. Sita Ram (1977)
The Court noted that claims for maintenance arrears are recoverable under execution proceedings even if the limitation period under Section 125(3) has lapsed.
4. Jameela Bibi v. P.A. Basheer (1987)
Emphasized that enforcement of maintenance orders cannot be barred by the limitation period in Section 125(3).
Practical Implications
Applicants should file maintenance claims promptly to avoid denial of retrospective maintenance.
However, if arrears accumulate due to non-payment, beneficiaries can enforce recovery despite the limitation under Section 125(3).
Legal practitioners often pursue execution or civil remedies to recover arrears or unpaid maintenance.
Summary
| Aspect | Explanation |
|---|---|
| Limitation under Section 125(3) | Maintenance awarded only from date of application onward. No retrospective orders beyond that date. |
| Enforcement of arrears | Not barred by Section 125(3); can be claimed through execution or civil proceedings. |
| Purpose of limitation | To ensure timely claims and avoid stale demands. |
| Legal recourse for arrears | Execution under CrPC Section 128, civil suits, or other statutory provisions. |
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