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september 2013

Supreme Court of India · 2013-09-27

Poongadi And Anr vs Thangavel

Citation / case number
AIR 2013 SC( CRI) 2234
Court
Supreme Court of India
Petitioner
Poongadi And Anr
Respondent
Thangavel
Author
Ranjan Gogoi
Bench
Ranjan Gogoi, Sudhansu Jyoti Mukhopadhaya

Judgment text excerpt

The Supreme Court held that the proviso to Section 125(3) of the Code of Criminal Procedure does not limit a claimant's entitlement to arrears of maintenance beyond one year prior to the application date. The Court clarified that while the enforcement of maintenance may be restricted, the right to claim arrears remains intact, allowing for civil action to recover unpaid maintenance. The Court overturned the High Court's interpretation, affirming that the liability for maintenance continues irrespective of the enforcement method used, as established in Kuldip Kaur v. Surinder Singh.

Poongadi And Anr vs Thangavel · Niyam