Kuttappan v. Vijayamma : 2001(3) ILR (Ker) 520 : 2001 (3) KLT 451 : (2001) 2 Kerl.L.J. 471 : 2002 (1) ICC 314 : 2004 (1) DMC 239 : 2001 LRC Online 209 (Ker)
Section 125(3)-Order permitting execution of order being not barred by limitation-Petition to quash order-No attempt made for realization of amount of maintenance on an earlier occasion by for issuing warrants as mentioned in S.421 CrPC by filling application within one year form the date on which the amount became due and hence, it cannot be said that realization of the amount is possible by sentencing the petitioner to undergo imprisonment as provided in sub-section (3) of Section. 125 Cr. P.C. The contention realised by the petitioner that the finding by the learned Magistrate that the application for execution is not barred by limitation is not correct, is sustainable- Annexure V order is hence liable to be quashed-Petition allowed.