Respondent filed a criminal revision before the Sessions Judge, Tumkur being Crl.
Revision Petition No.35 of 1993 against the order passed by the trial companyrt.
R .P. No.753 of 2003 before the High Court of Karnataka at Bangalore.
This revision petition was dismissed by the Sessions Judge by its order dated June 26, 1997 affirming the order passed by the trial companyrt.
After the affirmation of the order by the High Court, an interim application being I.A.1 was filed in Criminal Misc.
The High Court allowed the criminal revision and set aside the order of the learned Sessions Judge holding that the said application was barred by limitation.
However, IA 1 filed by the appellant for arrears of maintenance in Crl.
The said revision petition was dismissed by the High Court.
i.e., 16th June, 1998 for a sum of Rs.
Thereafter, the respondent took up the matter before the High Court of Karnataka at Bangalore by filing a criminal revision petition being Cr.
46,000/ .
Aggrieved against this order of the learned Sessions Judge, respondent filed criminal revision being Crl.
R.P.No.2297 of 1997 against the order passed by the Sessions Judge, Tumkur on June 26, 1997.
The respondent deposited a sum of Rs.5,365/ towards the maintenance from January 20,1993 till August 31, 1993.
Petition No.47 of 1993 claiming maintenance was within limitation.
Petition No.47 of 1993 claiming maintenance of Rs.46, 000/ was objected by the respondent companytending that the appellant cannot claim arrears of maintenance beyond a period of one year under first proviso to Section 125 3 of the Code of Criminal Procedure being barred by limitation.
The appellant thereafter filed a criminal revision which came to be registered as Criminal Revision Petition No.194/ 2000 before the learned Sessions Judge, Tumkur.
Petition No.47 of 1993 claiming arrears of maintenance for the period from January 20, 1993 i.e. the date of the trial companyrts order till the date of filing the I.A. 1.
Aggrieved against this order of the High Court passed in Criminal Revision Petition No.753 of 2003 on March 11, 2004 the present Special Leave Petition was filed by the appellants.
Brief facts giving rise to this appeal are that the appellant, Shantha Ushadevi and Kusuma, a minor represented by her mother guardian filed a petition under Section 125 of the Code of Criminal Procedure being Criminal Petition No.2 of 1991 before the trial Court against respondent claiming for maintenance.
Arising out of S.L.P. Crl.
No.5723 of 2004 K. MATHUR, J. Leave granted.
The said criminal petition was allowed by the trial companyrt by its order dated January 20, 1993 awarding a sum of Rs.500/ to the appellant, the wife of the respondent and a sum of Rs.300/ to Kusuma, the daughter for maintenance.
The said criminal revision petition was allowed by the learned Sessions Judge by its order dated November 23, 2002 and the matter was remanded back to the trial companyrt.
The appellant filed Criminal Miscellaneous Petition No.47 of 1993 under Section 125 3 of the Code of Criminal Procedure claiming an amount of Rs.5,365/ as arrear maintenance calculated from January 20, 1993 i.e. the date of the trial companyrts order granting maintenance to August 31, 1993.
The trial companyrt by its order dated July 13, 2000 dismissed the IA 1 being barred by limitation.
