Question

Period of limitation for execution of the order of maintenance is------- from the date on which it becomes due

• A. 1 year
• B. 5 years
• C. 6 years
• D. 15 years

Hint:

This one-year limitation period under Section 125(3) CrPC is a crucial procedural detail in maintenance cases. It's important to remember that it applies to each month's arrears separately.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the specific limitation period for enforcing a maintenance order passed under the Code of Criminal Procedure, 1973 (CrPC).
Step 2: Key Formula or Approach:
The provision for enforcement of a maintenance order is contained in Section 125(3) of the CrPC. This subsection allows a Magistrate to issue a warrant for levying the amount due. The limitation period is specified in the proviso to this subsection.
Proviso to Section 125(3): "Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due."
Step 3: Detailed Explanation:
The law requires the person entitled to maintenance to be diligent in claiming it. An application for the execution of a maintenance order for any particular month's arrears must be filed within one year from the date that amount became due. If an application is filed late, the court cannot issue a warrant to recover the amount for which the limitation period has expired.
Step 4: Final Answer:
The period of limitation for execution of the order of maintenance is 1 year.