Smt. Saidabanu w/o Hassan Khan,Occupation Housewife. vs Sri Hasan s/o Late. Sattar Khan,Occupation Selling Cloth Business. — 3/2025

Case Summary: Crl.Misc.No.03/2025 Saidabanu and her minor daughter Aaira filed a petition under Section 128 of CrPC seeking recovery of Rs.72,000 in unpaid maintenance arrears from respondent Hassan Khan for the period June 12, 2023 to December 12, 2024. A prior maintenance order dated February 8, 2023 (under Protection of Women from Domestic Violence Act, 2005) had directed the respondent to pay Rs.3,000 monthly to Saidabanu and Rs.1,000 monthly to Aaira, but he defaulted on these payments. The respondent objected on grounds of limitation, arguing the petition was filed beyond the 12-month period stipulated under Section 125(3) CrPC. The court overruled this objection, holding the petition maintainable. The judge relied on Supreme Court precedents establishing that maintenance is a continuing obligation and the one-year limitation applies only to enforcement mechanisms (custody detention), not to the right to claim arrears. The petition is declared maintainable and proceeds to substantive hearing. This case analysis is maintained by casestatus.in based on publicly available court records.