Does the decision in Shahada Khatoon v. Amjad Ali (2000 (1) KLT 696 (SC) fetter the powers of the Magistrate/Family court to sentence a defaulter to one month’s imprisonment for the default in payment of each month’s maintenance? Is there a cap of one month on the total period of imprisonment which can be imposed when complaint is raised in one Execution Petition about default in respect of more than one month? These are the questions of interest that arise for consideration in this revision petition.

2. A look at the statutory provisions first. Under Section 125 Cr.P.C. a father/husband/child having sufficient means, who refuses or neglects to maintain his child/wife/parent unable to maintain himself or herself, can be visited with an order directing payment of maintenance for each month. If he commits default in making such payment, such order passed by the criminal court can be enforced under Section 125(3) Cr.P.C. by a sentence of imprisonment. I extract below Section 125(3) Cr.P.C.

S.125 Order for maintenance of wives, children and parents:

XX XX XX

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every