Murlidhar - (1.) THE husband applicant has attacked an order of the Magistrate dated 10-3-1980 allowing the wife
(2.) APPLICATION dated 27-9-1977 for realization of arrears of maintenance at Rs. 45/- per month with effect from 30-9-1972 to 31-8-1977 total Rs. 2655/-. It appears that the Magistrate's order granting maintenance was passed on 30-9-1972. A revision against that order was dismissed by the Sessions Judge on 6-2-1973 and another revision was dismissed by this court on 25-1-1977. In this second revision a stay order had been issued by this Court on 13-4-1973. Thus the APPLICATION claiming realisation of maintenance was moved within one y?ar of the order of this Court. The applicant had contested the APPLICATION on the ground that the wife was living in adultery. This ground has been disbelieved by the Magistrate and I do not find any infirmity in the finding that may call for interference in revision. The only point pressed in this revision is that the application for enforcement was made beyond one year of the amount becoming due and in view of the first proviso to Sec. 125 (3) CrPC the application should be rejected. This argument can at the most affect only the maintenance for the period 1-10-1972 to 31-3-73 as the amount for the subsequent months never became due till 25-1-1977 on account of the stay order. Even with regard to the above period of six months, it seems to me that although initially the amount had become due, before the time limit of one year for issue of warrant for this amount expired, the High Court in revision stayed the proceedings on 13-4-77. In this situation the amount must be regarded to have become due only when the stay order was vacated by this Court on 25-1-77 and the period of one year to start from this date. This is only proper because on account of the stay order the principle of merger of the Magistrate's order in the final order of this Court applies and the enforceable order has to be regarded as the order of this Court dated 25-1-1977. Thus the warrant for even these six month's must be held to be within time. Revision fails and is here by dismissed. Stay Order dated 21-3-80 is vacated. --- Revision dismissed.;