Legal Advice

Revision in maintenance case has been dismissed

Question: MC Filed on 3.8.2016 and ordered on 22.3.2023 Wife and Children each 2000 *3 = 6000 from date of application and I went for revision to sessions court which is dismissed due to not attended in corona but 91 CrPC is pending in August 2021. and they filed arrears petition in JMFC on 28.12.2021 for the period 3.8.2016 to. 3.7.2017 I replied that is a statutory Period one year limit is over now my doubts is this petition is maintainable or not then how can I take stay on this pls give your advice to me.

Advise

Based on the information provided, it appears that a Maintenance Case (MC) section 125 CrPC was filed on August 3, 2016, and an order was issued on March 22, 2023, awarding maintenance to the wife and children. Subsequently, you filed for revision in the Sessions Court, which was dismissed due to non-attendance during the COVID-19 pandemic. A petition under Section 91 of the Criminal Procedure Code (CrPC) is pending as of August 2021.

Regarding the arrears petition filed in the JMFC (Judicial Magistrate First Class) on December 28, 2021, seeking maintenance for the period from August 3, 2016, to July 3, 2017, you mentioned that you replied, stating the statutory one-year limit has expired.

In the prevailing situation you should approach the court for recalling of its order passed in revision petition. It was dismissed in want of prosecution. Prima facie it seems that you have valid reason for non-appearance in the court proceedings. When the court restore your revision then you can defend your case.

So far as arrear is concerned, you have to pay the arrears in full if your wife has sufficient grounds to prove delay in claiming arrear. The one-year time for claiming arrear can be exonerated if the claimant has valid excuse for delay.

Shivendra Pratap Singh

Advocate

High Court Lucknow