POONGADI vs THANGAVEL

The Supreme Court held that the High Court's interpretation of the first proviso to Section 125(3) of the Code of Criminal Procedure (CrPC) as limiting the entitlement to maintenance arrears to one year preceding the application date is incorrect. The Court clarified that while the enforcement of maintenance through imprisonment is restricted for those who delay, the right to claim arrears is not extinguished and can be pursued through civil action. The appeal was allowed, affirming the entitlement of the appellants to claim maintenance arrears beyond the one-year limit imposed by the High Court.