Law: Limitation Act, 1908

Section: 120

summary of the order: The petitioner challenged the decisions of the Family Judge and Appellate Court on the ground that past maintenance cannot be awarded beyond six years, as per Article 120 of the Limitation Act, 1908. The wife had filed a suit in 2024 (marriage was in 2003), and the Family Court granted maintenance including arrears from January 2012 until the iddat period. The Appellate Court upheld this decision. The petitioner argued that maintenance is a recurring cause of action, but arrears cannot exceed six years. He also relied on an older Supreme Court judgment to support this limitation. The Court rejected this argument, noting that the husband himself admitted in his written statement that he had not maintained his wife since 2012 and had sought restitution of conjugal rights. This admission and claim created a legal situation where limitation could not be used as a defense. The Court explained that in such cases—especially where restitution of conjugal rights and dissolution claims intersect—claims are treated as consolidated, and limitation does not strictly apply to bar past maintenance, even beyond six years. It also held that a husband cannot both seek the wife’s return and deny her maintenance, invoking the doctrine of estoppel. The Court found that the cited Supreme Court judgments were distinguishable on facts and not applicable here. Conclusion: The objection regarding limitation was dismissed, the award of 12 years’ past maintenance was upheld, and the petition was dismissed.     ORDER;     Decision of the Family Judge and Appellate court are questioned on single ground – whether decree for maintenance could be allowed beyond the period of six years, which is claimed as outer limit of period of limitation provided in terms of Article 120 of the Limitation Act 1908. Facts of the case at hand are that suit for dissolution of marriage, maintenance and return of dowry articles was instituted on 20.09.2024 -[marriage solemnized on 20.02.2003]. Family Judge dissolved marriage on 19.12.2024 and later granted decree for maintenance, including past maintenance, later accruing from January…