I understand that if an order is passed against a person in an interim maintenance case under CrPC 125, and the person does not pay up, then the petitioner can request the court to issue a recovery order under CrPC 125(3). 1. I have heard that the petitioner must request a recovery order under CrPC 125(3) within one year of the original maintenance order. Is this true? If so, does the petitioner lose the right to maintenance or has to file a CrPC 125 application afresh? 2. Is there a legal, regulatory or conventional limit for the time period of arrears for recovery under CrPC 125(3)? In other words, can a recovery order for arrears payment be obtained only for a period of a maximum of one year, even if the outstanding arrears may encompass a period of several years? If so, is this "bottleneck" easy circumvent, simply by requesting the court to issue several recovery orders, one for each year of arrears?
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First Proviso to sub
section (3) of Section 125 CrPC reads thus : "Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due."
2) Liability to pay maintenance is a continuing liability and filing successive applications u/s 125(3) CrPC cannot be insisted upon. See : Shantha Vs. B.G. Shivnanjappa, (2005) 4 SCC 468.
Yes it has to be done within one year from the date of the order
1. The petitioner has to tile a collection petition for recovery of interim maintenance pending for a period of one year.
2.Even then also a person doesn't pay the maintenance then a person is liable to imprisonment for a period of a maximum of 1 month or until the amount is paid, whichever is earlier
The limitation period is 1 yr for filling application for enforcement of maintenance the date on which it becomes due.
This is a follow-up/clarification question for original question at https://www.kaanoon.com/373982/is-there-a-limit-for-the-time-period-of-arrears-for-recovery-warrant-under-crpc-125-3 I understand that the beneficiary in the CrPC 125 case needs to request the court to pass a recovery order under CrPC 125(3) within one year of the original order if the responsible party does not pay. My question is: Suppose a recovery under CrPC 125(3) was ordered within one year of the original order, say at 11 months after original order. However, the responsible party has still not paid up. Now, let's say it is 23 months months after the original 125 maintenance order. On the request of the beneficiary can the court pass a recovery order for the arrears of the full 23 months? Or is the maximum period of arrears that can be covered by a recovery order limited to 1 year as well?
The beneficiary will get entire amount of arrears
Court can pass orders for recovery of arrears of 23 months
- As per law, if the other party is not paying the amount of interim maintenance then the petitioner can move an application under section 125(3) /execution petition within one year of the arrears .
- However, that order will not extinguish , and the petitioner can claim maintenance for further remaining period
- The petitioner can recover even for the period of 23 months on the sufficient reasons for delay filing of the application.
- Otherwise the petitioner can claim only 13 months maintenance.
The orders for recovery of previous arrears will remain, however the arrears of another 11 months that has become due are also shall be paid in addition to the previous arrears.
Dear client,
the court can pass a recovery order for the arrears of the full 23 months.
Thank you
