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1990 Supreme(MP) 4

B.C.VARMA, D.M.DHARMADHIKARI
DURGA SINGH LODHI – Appellant
Versus
PREMBAI – Respondent


Advocates Appeared:
R.C.Khare, R.K.SAMAIYA

B. C. VARMA, J.

( 1 ) SECTION 125 (3) of the Code of Criminal Procedure provides for the consequences resulting from non-compliance of the order passed under S. 125 (1), Cr. P. C. , directing payment of maintenance of allowance. Where a person under such obligation to pay maintenance allowance fails, without sufficient cause, to comply with the order granting maintenance, a warrant for the recovery of the amount may be issued on an application made to the Court to levy such amount within a period of one year from the date on which it became due. If, despite such a warrant the maintenance allowance is not paid, the person may even be sentenced to imprisonment for a term which may extend to one month or until payment, if sooner made. If, however, such person offers to maintain his wife on the condition of her living with him and the wife refuses to live with him, the Magistrate may consider any ground of refusal stated by her and way make an order as aforesaid, notwithstanding such offer, if he is satisfied that there is a just ground for so doing.

( 2 ) CAN a person, suffering an order for payment of maintenance under S. 125 (1), Cr. P. C. , with no property whatsoever, be sentenced





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