LEELA DEVI Vs. MOHAN LAL

JUDGEMENT

(1.) This petition has been preferred by the petitioners against the judgment dated 3.10.2002 passed by the learned Additional Sessions Judge, Shimla whereby the revision petition filed by the petitioners against the order dated 11.5.2000 passed by the learned Judicial Magistrate (2), Shimla has been dismissed.

(2.) Brief facts relevant for the purpose of disposal of this petition, are that in an application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) filed by the petitioners, the learned trial Magistrate awarded monthly maintenance allowance to petitioners No. 2 and 3 respectively in the sum of Rs.300/ - and Rs.200/ - to be paid by their father the respondent vide order dated 1.7.1995. On 11.3.1997 petitioners No. 2 and 3, through their mother petitioner No. 1, filed an application before the learned Judicial Magistrate for recovery of the arrears of maintenance. In the execution petition the amount of arrears recoverable as maintenance allowance or the period for which it was recoverable, was not specified.

(3.) The respondent filed objections. On the basis of the respective averments of the parties, two questions viz. (i) whether the claim for recovery of maintenance allowance was not maintainable because the petitioners had been residing with the respondent as a consequence of a compromise between petitioner No. 1 and the respondent, and (ii) whether the arrears for a period of more than one year preceding the date of filing of the application could be recovered. The learned Judicial Magistrate answered question (i) supra in the negative and qua question (ii)supra held that the petitioners could recover the arrears only for a period of one year preceding the date of presentation of the application for recovery of the arrears.