Smt. Sarita Bharti vs Suresh Kumar Bharti @ Suresh Kumar on 28 November, 2022
In Shanta @ Ushadevi (supra), Poongodi (Supra) and Smt. Shakila
Parveen (supra), it has been held that there was no need of filing a fresh
petition during the pendency of application under Section 125 (3) Cr.P.C. and
respondent/husband is liable to pay entire arrears of maintenance due to the
applicant/wife during the pendency of the petition. So, both parties are
directed to file an affidavit along with details of total maintenance depsoited
till date before the concerned Family Court, and if there is some arrears
which has to be paid to the wife, then the respondent/husband shall clear the
same within a period of 3 months from the date of this order. However, if the
respondent will not comply with the order, the executing court shall proceed
as per Section 125 (3) Cr.P.C. Accordingly, MJC No.8/2021 of Family Court,
Janjgir is restored for necessary compliance as stated above.