A.K.Dutta, J. - (1.) The instant Revisional Application by the petitioner-wife (hereinafter referred to as wife) is directed against the order dated June 15, 1992 passed by the learned Additional Sessions Judge, Suri, Birbhum, in Criminal Motion No. 4 of 1992 before him, praying the Court for setting aside the said order on the grounds set forth therein.
(2.) The wife had filed an application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter shortened into Code) before the Second Court of the Judicial Magistrate at Suri Birbhum, in the early part of 1985, registered as Misc. Case No. 22 of 1985 T.R. No. 184 of 1985 against the opposite-party-husband (hereinafter referred to as husband claiming maintenance at the rate of Rs. 300/- only for herself and sum of Rs. 75/- only for her minor son per month on the grounds stated therein. The learned Magistrate after hearing the parties concerned had allowed the wife's said application in part by his judgment and order dated November 10, 1987 directing the husband to pay maintenance at the rate of Rs. 200/-only per month for the wife and a sum of Rs. 75/- only per month for the minor son. The wife had thereupon put the said order to execution on 9.3.1988 under Section 125(3) of the Code, registered as Misc. Execution Case No. 7 of 1988.
(3.) After getting notice of the said Execution Case, the husband had appeared and filed an objection before the learned Judicial Magistrate on 10.8.91 on the ground of limitation contending that the wife would not be entitled to get maintenance for more than 12 months. The learned Magistrate, upon hearing the parties, had rejected the husband's aforesaid application by his order dated December 7, 1991 for the reasons recorded by him.;