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.