Maintenance to Wife -- Recovery Application Filed Beyond One Year -- Coercive recovery barred, substantive right survives for civil suit
(i) Code of Criminal Procedure, 1973, S.125(3), Proviso 1 -- Maintenance to Wife -- Recovery Application Filed Beyond One Year -- One-year limitation under the first proviso restricts the coercive mode of recovery by warrant, but does not extinguish the substantive entitlement to accrued maintenance -- Where no application is moved within one year from the date the amount becomes due, coercive recovery under this section cannot be invoked for that period, and the claimant may recover the amount through a civil suit as a money decree. (ii) Code of Criminal Procedure, 1973, S.125(3) -- Maintenance to Wife -- Timely Execution Application Filed -- One-year period is counted from the date the amount becomes due pursuant to the order of maintenance -- Once an execution application is filed within this period, recurring defaults remain enforceable through that application without necessitating successive applications for each default.
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