Court clarifies that arrears become due only upon passing of maintenance order, allowing recovery application filed within twelve months despite retrospective period exceeding two years
In a significant judgment dated 16th October 2026, the Rajasthan High Court clarified the interpretation of Section 125(3) of the Code of Criminal Procedure, 1973 concerning the limitation period for recovery of interim maintenance arrears granted retrospectively. The court dismissed a petition filed by Het Ram challenging an order by the Additional Chief Judicial Magistrate, Gharsana, which allowed recovery of arrears amounting to Rs. 2,20,000/- for interim maintenance awarded to Murti Devi and another respondent.
The controversy arose when the wife respondents sought recovery of arrears from 5th August 2020 to 4th June 2022, based on an interim maintenance order passed on 4th June 2022, which directed payment of Rs. 5,000/- per month retrospectively from the date of the maintenance application. The petitioner argued that recovery could not be enforced for arrears exceeding twelve months, contending that the limitation period expired for the earlier months in the retrospective span.
However, the High Court, presided by Justice Farjand Ali, rejected this contention, emphasizing a crucial distinction between the period for which maintenance is awarded and the date on which the amount becomes due and payable. The court held that the enforceable right to recover the entire amount of arrears, including those from the retrospective period, crystallized only on the date of the maintenance order (4th June 2022). Hence, the arrears from 5th August 2020 to 4th June 2022 became due on the date of the order, not on the respective past monthly dates.
Consequently, since the recovery application was filed on 27th June 2022, less than one month after the order, it was well within the twelve-month limitation period prescribed under Section 125(3) Cr.P.C. The court also clarified that this limitation applies differently to monthly installments falling due after the order's date, which become due on their respective monthly dates and must be recovered within twelve months from each due date.
By upholding the order of the lower court, the Rajasthan High Court reinforced the principle that retrospective maintenance arrears are recoverable within limitation from the date of the order and not from the dates of individual monthly dues prior to the order, providing clarity for enforcement of maintenance laws.
Bottom Line:
Section 125(3) Cr.P.C. - Where interim maintenance is granted retrospectively from the date of filing of the application, arrears for the anterior period become due and recoverable only on the date of the maintenance order and not on the respective past monthly dates - Recovery application filed within twelve months from such order is within limitation.
Statutory provision(s): Section 125(3) Cr.P.C., Section 482 Cr.P.C.
Het Ram v. Murti Devi, (Rajasthan) : Law Finder Doc Id # 3001725
