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Initiation Of Enforcement Proceedings

The proceedings u/s 125 Crpc, and the related proceedings are in civil nature. This has been held by the Supreme Court in Nand Lal vs Kanhaiya Lal , and Jasbir Kaur vs Jaswant Singh, even though years period , for initiation of enforcement of proceedings for the purpose mentioned under the 1st proviso to sub section (3) of section 125 ,Crpc is applicable for the major maintenance holder's such as wife and parents because of section 3 of Limitations Act,1963, the same is not applicable to the minor Maintenance holders , because of the benefits conferred upon the legally disabled u/s 6 of the Limitations Act ,1963.

Section 6 dealing with legal disability is applicable in view of section 6 there of, is not specially excluded under chapter IX of the Crpc. The minors are not sui juris and the mere fact that they can be represented by mother, father or other guardian s is of no consequence. Section 6 of the Indian Limitation Act, 1963.

Keep the limitation in abeyance if the person is a minor, insane or an idiot. In so far as order of maintenance under chapter IX of Crpc, is concerned, once a minor attains a majority, and if the said person, after attaining majority is not suffering from mental or physical handicap, the maintenance order, passed in his favour automatically disappear. Even then for arrears accrued, by the time of his attaining the majority,petition can be filed within one year of the attaining of said majority

Laxmi v Nakka Narayan,1994 Cri LJ 565 at 568 (AP)

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