Supreme Court of India

Shantha @ Ushadevi and Anr. v. B.G. Shivananjappa

Neutral citation
Reported as [2005] SUPP. 1 S.C.R. 153
Bench Venkatarama Reddi and A.K. Mathur JJ.
Decided 6 May 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons, we set aside the impugned order of the High Court and restore the order passed by the Additional District Judge, Tumkur in Cr!. R.P. No. 194 of 2000.

Judgment, page 7

From the headnote

Code of Criminal Procedure, 1973: Sections 125(3), 'first proviso' and 125(1)-Arrears of Maintenance­ Claimfor-Limitation-Trial court orflered maintenance to wife and daughter under S.125(1)-Petition filed by wife for recovery of maintenance but no payment made by husband-Instead, he filed revision in Sessions Court and then in High Court which were dismissed-Thereafter wife filed IA in the pending petition claiming, maintenance for the entire period-Challenge to, , on gro_und of being time ba~red under proviso to S. 12 5(3) Cr(' -Held: IA ~ cannot be dismissed as time-barred as the petition

Where later benches applied it

Of those, 1 relied on · 1 mentioned

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