Initiation Of Enforcement Proceedings
The proceedings u/s 125 Crpc, and the related proceedings are in civil
nature. This has been held by the Supreme Court in Nand Lal vs Kanhaiya Lal ,
and Jasbir Kaur vs Jaswant Singh, even though years period , for initiation
of enforcement of proceedings for the purpose mentioned under the 1st proviso to
sub section (3) of section 125 ,Crpc is applicable for the major maintenance
holder's such as wife and parents because of section 3 of Limitations Act,1963,
the same is not applicable to the minor Maintenance holders , because of the
benefits conferred upon the legally disabled u/s 6 of the Limitations Act ,1963.
Section 6 dealing with legal disability is applicable in view of section 6 there
of, is not specially excluded under chapter IX of the Crpc. The minors are not
sui juris and the mere fact that they can be represented by mother, father or
other guardian s is of no consequence. Section 6 of the Indian Limitation Act,
1963.
Keep the limitation in abeyance if the person is a minor, insane or an idiot. In
so far as order of maintenance under chapter IX of Crpc, is concerned, once a
minor attains a majority, and if the said person, after attaining majority is
not suffering from mental or physical handicap, the maintenance order, passed in
his favour automatically disappear. Even then for arrears accrued, by the time
of his attaining the majority,petition can be filed within one year of the
attaining of said majority
Laxmi v Nakka Narayan,1994 Cri LJ 565 at 568 (AP)
Share this Article
You May Like
Comments