AKIL KURESHI, J. In this reference, following question has been referred to the Full Bench :

"In the light of the decision of the Supreme Court in the case of Shahada Khatoon & Ors. v. Amjad Ali & Ors., 1999 (5) SCC 672, when a person is ordered to pay maintenance under sub-sec. (1) of Sec. 125 of the Code of Criminal Procedure, 1973 fails without sufficient cause to comply with such order, whether the learned Magistrate, in exercise of powers under sub-sec. (3) of Sec. 125 is empowered to sentence such person to imprisonment for a term exceeding one month."

2. Factual background leading to the question is as follows :

Special Criminal Application No. 897 of 2008 has been filed by one Rama Muru Pariya, through jail against the judgment and order dated 15th March, 2008 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Khambhalia, Dist. Jamnagar in Criminal Revision Application No. 141 of 2007. By the said decision, the learned Judge was pleased to modify the order dated 26-11-2007 passed by the learned Judicial Magistrate, First Class. Khambhalia, in Misc. Criminal Application No. 127 of 2006.

3. Wife of the applicant and his minor children were granted maintenan

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