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HEMANT CHANDANGOUDAR
Chandrashekhar S/o Sangappa Bhavikatti – Appellant
Versus
Uma D/o Basappa Shedhad After Marriage Smt. Uma W/o Chandrashekhar Bhavikatti – Respondent
ORDER (ORAL)
The petitioner challenges the order passed under Section 125(3) of the Code of Criminal Procedure, 1973, by the learned Magistrate, sentencing him to undergo imprisonment for an additional period of two months for non-payment of arrears of maintenance.
2. The respondent-wife had earlier initiated criminal miscellaneous proceedings under Section 125 of Cr.P.C., seeking maintenance. The Family Court, after considering the matter, passed an order granting maintenance. The petitioner’s failure to comply with the order prompted the respondent to file an application under Section 125(3) of Cr.P.C. for recovery of arrears of maintenance. The learned Magistrate allowed the application and sentenced the petitioner to civil imprisonment for a period of one month due to his non-compliance with the maintenance order under Section 125(1) of Cr.P.C.
3. Upon completion of the one-month imprisonment, the respondent filed another application under Section 125(3) of Cr.P.C., alleging non-payment of arrears of maintenance for 24 months. The learned Magistrate, by the impugned order, sentenced the petitioner to undergo further imprisonment for a period of two months. Aggrieved by the said
Non-payment of arrears of maintenance – Two jail sentences cannot be imposed for same default.
Imprisonment for non-payment of maintenance under Section 125(3) of the Cr.P.C. serves as a mode of enforcement and does not discharge the underlying liability; the court can impose sentences for eac....
The magistrate can impose a maximum of one month imprisonment for each month of default in maintenance payments under Section 125(3) of the Cr.P.C.
Maintenance claims must be enforced within one year of becoming due, with any claims exceeding this period being irrecoverable, as per Section 125(3) of the Criminal Procedure Code.
Limitation - Recovery of arrear maintenance - When main petition claiming arrear was pending and kept alive, filing of subsequent petition was only to specify exact amount accrued due upto date. Such....
(1) Liability to pay maintenance under Section 125 Cr.P.C. is in nature of continuing liability.(2) Section 125 of Code of Criminal Procedure has been enacted to achieve a social purpose with primary....
The court established that a Magistrate can impose separate one-month sentences for each month of default in maintenance payments under Section 125(3) Cr.P.C.
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