1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Rev. Application No. 54 of 2011 Dhanraj v. Smt Rama -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.D. Thakur, Adv for applicant Coram: A. P. Bhangale, J Dated: 22nd July 2011 1. Heard learned counsel for the applicant. Learned counsel submits with reference to proviso to Section 125 (3) Cr. P. C. that no warrant shall be issued for recovery of any amount due under this Section unless application is made to the Court to levy such amount within a period of one year from the date on which it became due. It is submitted that the learned Judge of Family Court while entertaining application dated 21.9.2010 for recovery of Rs. 28,000/- and for further recovery of maintenance allowance at the rate of Rs. 700/- per month, issued warrant for attachment of 1/3rd salary of the present applicant-husband and thereby ordered that Rs. 700/- shall be deducted from the monthly salary of the applicant. According to the learned Judge of Family Court, even though the applicant had not filed separate application for every year maintenance due, it cannot absolve non-applicant (husband) from paying the same. 2. This Court finds that the recovery proceedings are 2 pending since the year 2006. Limitation of one year is required to be considered from the date of application for recovery and accordingly, recovery may be made. Applicant is at liberty to bring to the notice of the learned Judge of Family Court the period of limitation as prescribed by the proviso to Section 125 (3) Cr. P. C. Learned Judge of Family Court to act accordingly. Petition disposed of. app JUDGE joshi