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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V. VENUGOPAL
Reddy Srinivasa Rao – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. filing of petition under section 528 of bnss. (Para 1) |
| 2. arguments regarding imprisonment for non-compliance with maintenance order. (Para 3 , 4 , 5) |
| 3. court's interpretation of section 125 (3) of cr.p.c. (Para 6 , 7) |
| 4. conclusion: petition allowed and order set aside. (Para 8 , 9) |
ORDER :
1. This Criminal Petition is filed by the petitioner/accused No.6 under Section 528 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ) seeking to quash the order passed in Crl.M.P.No.05 of 2023 in Crl.M.P.No.02 of 2022 on the file of Judge, Family Court-cum-Additional District and Sessions Judge, Khammam.
2. Heard Sri C. Sharan Reddy, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1/State.
3. Learned counsel for the petitioner would vehemently submit that as against the provisions under Section 125 (3) of Cr.P.C. the learned trial Court has erroneously committed the petitioner to jail for a period of (06) months for non-compliance of the order in depositing the maintenance as ordered by the learned trial Court in its order dated 27.09.2023 in Crl.M.P.No.05 of 2023. Hence, seeks indulgence of this Court.
4
Imprisonment for non-payment of maintenance under Section 125(3) of Cr.P.C is limited to a maximum of one month, and any longer sentence is legally impermissible.
Imprisonment for non-payment of maintenance under Section 125(3) of the Cr.P.C. serves as a mode of enforcement and does not discharge the underlying liability; the court can impose sentences for eac....
The magistrate can impose a maximum of one month imprisonment for each month of default in maintenance payments under Section 125(3) of the Cr.P.C.
Non-payment of arrears of maintenance – Two jail sentences cannot be imposed for same default.
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