In Re A Ref. u/s. 395 Cr.P.C. by District & Sessions Judge, Pali vs. Unknown

Code of Criminal Procedure, 1973–Secs. 125(3)–Default in payment of maintenance–Application–Way of dealing–
(1) The claimant/claimants would be entitled to file a consolidated application for recovery of the previous 12 month’s dues–The consolidated application shall be treated as 12 individual claims for recovery of monthly allowances of the previous 12 months.
(2) The Court will deal with the application in 12 separate compartments and shall issue separate warrants of recovery of every month’s dues, subject to the condition that the application shall not be entertained for maintenance dues beyond a period of 12 months–In the event of non-payment/non-recovery of the maintenance, the Court may pass separate sentences upon the defaulter extending to one month’s imprisonment for each default.
(3) In cases where no order of interim maintenance has been passed and the Court, while finally deciding the application for maintenance, orders that the maintenance shall be payable from the date of filing the application, the claimant may file an application for recovery of the accrued amount and such application shall be considered to be within time if filed within 12 months from the date of order.