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2018 Supreme(P&H) 2589

H.S.MADAAN
Rajesh – Appellant
Versus
Sunita – Respondent


Advocates Appeared:Dr.Parveen Hans, Advocate for the petitioner.
Mr. Harsh Chopra, Legal Aid counsel for the respondents.

JUDGMENT

Mr. H.S. Madaan, J. - Rajesh – revisionist has challenged the order dated 17.4.2015 passed by District Judge (Family Court), Bhiwani vide which he has sentenced the revisionist to undergo civil imprisonment for twelve months on account of non-payment of arrears of maintenance allowance amounting to Rs.91,000/- to his wife.

2. According to the revision petitioner, this order is liable to be set aside since as per law the revisionist could be sentenced to undergo civil imprisonment for one month only. In support of his that contention, learned counsel for the revisionist has referred to authorities Shahada Khatoon and others Versus Amjad Ali and others, (1999) 5 SCC 672 by the Apex Court, Abdul Gafaoor @ Ashan Versus Smt.Hameema Khatoon and others, 2004(3) RCR (Criminal) 779 by a Division Bench of Andhra Pradesh High Court, Sunil Kumar Jain Versus State, 2005(3) RCR (Criminal) 485 by Rajasthan High Court.

3. On the other hand, learned counsel for the respondents has submitted that in each months default, the respondent, who is revisionist before this Court is liable to undergo civil imprisonment for one month. In support of his such contention, he has relied upon authority Su


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