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Head Note

The Code of Criminal Procedure, 1973  - Section 125

Order granted maintenance under Section 125 Cr.P.C passed Magistrate in the year 1994 - Limitation to execute the order is one year - Order remained stayed during pendency of revisions - Revisions dismissed in the year 2004 - Execution application filed in the year 2005 - Execution application not barred by limitation - Under Section 15 of Limitation Act period one year would be computed excluding the period during which order of Maintenance remained stayed.

The Code of Criminal Procedure, 1973  - Section 125

Order granting maintenance to three minor children passed by Magistrate in the year 1994 - Revision against the order by father - Order remained stayed during pendency of revisions firstly before Sessions Court and thereafter by High Court - Revision dismissed by High Court in the year 2004 - Execution application filed in the year 2005 - An objection was raised that children were not entitled to maintenance as they had attained majority in the year 1997 before filing of executor application - Contention not tenable - Children will be entitled to maintenance till the age of attaining majority and the daughter till she was married.

Topic(s)-

Important Decision(s)- Under Section 15 of Limitation Act period one year would be computed excluding the period during which order of Maintenance remained stayed.