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may 2005

Supreme Court of India · 2005-05-06

Shantha @ Ushadevi & Anr vs B.G.Shivananjappa

Citation / case number
AIR 2005 SUPREME COURT 2410
Court
Supreme Court of India
Petitioner
Shantha @ Ushadevi & Anr
Respondent
B.G.Shivananjappa
Author
A.K. Mathur
Bench
P. Venkatarama Reddi, A.K. Mathur

Judgment text excerpt

The Supreme Court held that under Section 125(3) of the Code of Criminal Procedure, a claim for arrears of maintenance is subject to a limitation period of one year. The Court emphasized that the trial court has the power to award maintenance arrears up to the date of the decision on the application for recovery, and that the need for a fresh application is unnecessary to avoid multiplicity of litigation. The Court ultimately upheld the High Court's decision that the application for arrears was barred by limitation, thus dismissing the appeal.

Shantha @ Ushadevi & Anr vs B.G.Shivananjappa · Niyam