JUDGMENT Mr. M.M.S. Bedi, J. (Oral) - The present petition has been filed against the order dated 7.4.2011 by virtue of which objection petition filed by the petitioner in an execution petition for maintenance under Section 125 Cr.P.C. has been dismissed. 2. Respondent-wife appears to have claimed maintenance awarded to her under Section 125 Cr.P.C. on the basis of order dated 14.12.2009. She preferred an execution application on 25.5.2010 claiming arrears from the date of application i.e., w.e.f. 4.5.2005 till the date of execution application i.e. 25.5.2010. 3. The execution was contested by the the petitioner husband claiming that she had been living with the respondent and that he had executed a gift deed in her favour. 4. Counsel for the respondent-wife has stated that a gift deed as per the provisions of Section 129 of the Transfer of Property Act is not valid unless and until it is accepted. It is claimed that plea of execution of gift is a camouflage to defeat the rights of the wife to claim her right of maintenance. 5. I have considered the facts and circumstances of the case. I am of the opinion that the rights of a wife pursuant to order of maintenance passed under Section 125 Cr.P.C., cannot be defeated by any transfer in the name of wife until and unless there is a specific agreement or compromise. The respondent wife cannot be said to have waived of her right of maintenance even by acceptance of the gift deed regarding a house as it is a right of wife to stay with dignity and have a residence. The said statutory right has been granted by the Legislature also in Section 17 of the Protection of Women from Domestic Violence Act, 2005. The objection petition filed by the petitioner has rightly been dismissed by the trial Court. 6. I have also considered the contention of the counsel for the petitioner that the execution is time barred as having been filed after a long delay. I do not find any force in the said contention as right of maintenance of a wife cannot be defeated with the passage of time. 7. The petition is dismissed. The petitioner is directed to pay the entire arrears of maintenance before the executing Court. I do not find any force in the said contention as right of maintenance of a wife cannot be defeated with the passage of time. 7. The petition is dismissed. The petitioner is directed to pay the entire arrears of maintenance before the executing Court. It will be open to the wife to waive her right in the gift deed in case the gift deed is not acceptable to her. ---------0.B.S.0------------ —————————