ANTONY DOMINIC, J. : Section 125 of the Cr. P.C. provides for order for maintenance of wives, children and parents. Sub-section (3) of section 125 provides that if any person ordered to pay maintenance fails without sufficient cause to comply with the order, the Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines and may sentence such person, for the whole, or any part of each month allowance and expenses of proceeding as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made. The first proviso to this sub-section provides that no warrant shall be issued for the recovery of any amount due under Section 125(3), unless application is made to the Court to levy such amount within a period of one year from the date on which the amount became due.

2. The consequences that will visit on a husband who does not pay maintenance to the wife in full or part, despite a warrant issued by a Magistrate calling upon him to pay the dues, came up for consideration before this Court in Sundaran v. Sumathi (2006 (3)