JUDGMENT

S.K. MISHRA, J. — The short question which arises for determination in this revision is whether the imprisonment of the petitioner-husband in pursuant to the order passed by the learned Judge, Family Court, Cuttack, for default of non-payment of the maintenance shall absolve him from payment of maintenance to his wife.

2.The Petitioner challenged the order dated 09.10.2009 passed by learned Judge, Family Court, Cuttack, in Crl. Proceeding No. 677 of 1995. Initially a proceeding under Section 125 of the Code of Criminal Procedure (hereinafter referred to as “the Code”) was instituted by the opposite parties before the Court for maintenance and it was registered as CRP No. 451 of 1994. The said proceeding was disposed of as ex parte on 27.10.1995 by the learned Judge, Family Court, Cuttack. Learned Judge, Family Court allowed the maintenance @ Rs.3000/- per month to opposite party no.1, who happens to be the wife, and Rs.100/- each to the opposite parties 2 and 3, minor sons of the present petitioner.

Opposite parties thereafter filed an application under Section 125(3) of the Code for arrear maintenance from 31.8.1994 to 30.4.2004 amounting to Rs.52,000/-. The petitioner, in s