Supreme Court of India · 2005-05-06
SHANTHA @ USHADEVI vs B.G.SHIVANANJAPPA
- Citation / case number
- SC 2004/16408
- Court
- Supreme Court of India
- Petitioner
- SHANTHA @ USHADEVI
- Respondent
- B.G.SHIVANANJAPPA
- Author
- A.K. MATHUR P. VENKATARAMA REDDI
- Bench
- A.K. MATHUR P. VENKATARAMA REDDI
Judgment text excerpt
The Supreme Court addressed the issue of maintenance under Section 125 of the Code of Criminal Procedure, emphasizing that the first proviso to Section 125(3) imposes a one-year limitation on claiming arrears of maintenance. The Court held that the trial court's dismissal of the application for arrears beyond this period was correct, affirming the High Court's decision that the appellant could not claim maintenance arrears exceeding one year. The ruling clarified the procedural requirements for claiming maintenance and the implications of limitation periods in such cases.