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.