Question

Period of limitation for execution of the order of maintenance is---------- from the date on which it becomes due.

• A. 1 year
• B. 5 years
• C. 9 years
• D. 15 years

Hint:

The one-year limitation period under S.125(3) CrPC applies to each month's default separately. This means a person can claim arrears for multiple months in a single application, as long as each month's claim is filed within one year of its due date.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Section 125 of the Code of Criminal Procedure, 1973 (CrPC) provides for the maintenance of wives, children, and parents. If a person fails to comply with a maintenance order, the law provides a mechanism to enforce or execute the order. This enforcement mechanism is subject to a period of limitation.
Step 2: Detailed Explanation:
The relevant provision is the proviso to Section 125(3) of the CrPC.
Section 125(3) states that if any person so ordered fails without sufficient cause to comply with the order, the Magistrate may, for every breach of the order, issue a warrant for levying the amount due, and may sentence such person to imprisonment for a term which may extend to one month or until payment is sooner made.
The proviso to this sub-section states:
"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."
This means that the claimant must file an application for the execution of the maintenance award for a particular month within one year from the date that month's maintenance became due.