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1982 Supreme(AP) 122

K.JAYACHANDRA REDDY
Gangula Pratap Reddy – Appellant
Versus
Gangula Vijayalakshmi – Respondent


K. JAYACHANDRA REDDY, J.

( 1 ) THE First respondent and her minor sons filed M. C. No. 48/77 for maintenance and the maintenance was awarded at the rate of Rs. 300. 00 and that has become final. The husband who is the petitioner herein however failed to pay the maintenance regularly and therefore the respondents filed M. P. 1636/80 for enforcement of the maintenance. The learned II Additional Judicial First Class Magistrate, Warangal directed the husband to pay a sum of Rupees 6,085/- with arrears and in default to undergo 20 months simple imprisonment. He also directed that warrant should be issued under Section 125 (3) to the Collector of Warangal authorising him to realise the said amount as arrears of land revenue. It is this order that is challenged in this revision case.

( 2 ) THE learned Counsel for the petitioner submits that under Section 125 (3) the 1magistrate has no power to impose a sentence of imprisonment in respect of each month for which the maintenance remained unpaid. It is true the learned Magistrate has sentenced the petitioner herein who is the husband to undergo 20 months simple imprisonment on the ground that there was default for 20 months. But that is permi


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