IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.64 of 2007 LAXAMAN SINGH Versus THE STATE OF BIHAR & ANR ----------- 5. 2.9.2008. Heard the learned counsel for both the parties. This application has been filed against the order dated 27.11.2006 passed by Principal Judge, Family Court, Ara in Misc. Case No.173 of 2002 regarding issue of distress warrant for realization of arrears of interim maintenance effective from 31.1.2003. The submission of the learned counsel for the petitioner is that the petition for realization of arrears of interim maintenance was filed by the opposite party no.2 on 14.8.2006, but the court below has issued distress warrant for realization of arrears from 31.1.2003, which is beyond the period of 12 months. According to proviso of section 125(3) Cr.P.C., warrants shall be issued for recovery of amount within a period of one year. On the other hand, the learned counsel for the opposite party submitted that not even a single farthing has been paid out of interim maintenance. Considered the submission of the learned counsel for both the parties and also perused the impugned order. Having regard to the facts and circumstances of the case as well as the proviso of section 125(3) Cr.P.C., the petitioner is directed to pay in lump sum the amount of interim maintenance from 13.8.2005 to 14.8.2008 i.e. for 36 months in the court below deducting - 2 - N.H./ any amount already paid earlier in respect of the interim maintenance within 15 days of this order. On payment made by the petitioner, the court below shall recall the distress warrant and he shall also try to dispose of the main application filed under section 125 Cr.P.C. within three months of receipt of this order. Accordingly, this application stands disposed of. ( Ghanshyam Prasad )