Retrospective maintenance arrears become recoverable when the maintenance order is passed, Rajasthan High Court rules

Respondents sought recovery under Section 125(3) Cr.P.C. of ₹2,20,000 in interim-maintenance arrears.

The maintenance order, dated 04.06.2022, awarded ₹5,000 per month with effect from the application date, 05.08.2020.

The petitioner objected that recovery was barred to the extent it concerned a period exceeding twelve months.

The Magistrate rejected the objection and ordered attachment of the petitioner’s agricultural land.

The petitioner challenged that order under Section 482 Cr.P.C.

Whether, for the twelve-month limitation under Section 125(3) Cr.P.C., arrears awarded retrospectively become due on the respective dates to which they relate or when the maintenance order is passed.

Whether the recovery application filed on 27.06.2022 was within limitation in respect of arrears awarded by the order dated 04.06.2022.

Section 125(3) Cr.P.C. prescribes a twelve-month limitation period for seeking recovery of an amount due under a maintenance order, calculated from the date on which that amount becomes due.

Where an order grants maintenance retrospectively, the period for which maintenance is payable is distinct from the point at which it becomes recoverable under the judicial direction; the arrears covered by that order become recoverable upon the order’s passing.

For subsequent monthly instalments, limitation runs separately from the date each instalment becomes due under the order.

The Court held that before the order of 04.06.2022, the respondents had no enforceable direction for payment of maintenance.

The order’s retrospective effect fixed the period for which maintenance was payable, but did not make the arrears recoverable before the order existed.

Since the recovery application was filed on 27.06.2022, less than one month after the order, it was within the statutory limitation period; the fact that the arrears covered approximately twenty-two months did not make the application time-barred.

Later monthly instalments, however, are subject to limitation calculated from their respective due dates.

Finding no illegality in the Magistrate’s order, it dismissed the petition and disposed of the stay petition and pending applications.