Section 125 Cr.P.C. - Arrears of more than One Month - 15 days Imprisonment for Each Month's Default can be Imposed

Anil Sampatrao Kothawale vs Pushpabai Anil Kothawale and others

Bombay HC, Aurangabad Bench

16/10/2018

CRIMINAL WRIT PETITION NO. 1778 OF 2017

About/from the judgment:

Code of Criminal Procedure, 1973 – Section 125 - Order for maintenance of wives, children and parents - Magistrate can entertain separate applications or even entertain a common application for several months of default and pass appropriate order - If there are arrears of more than one month, then the imprisonment exceeding the period of one month can be imposed.

 

The Magistrate, in exercise of the powers under Section 125 of Cr.P.C., is empowered to sentence the defaulting person for a term of one month for each month of default. In other words, it is open for the Magistrate to award the sentence up to maximum one month for each month's default made by the person ordered to pay the maintenance. Thus, the maximum limit of sentence of one month referred to in Sub-section (3) of Section 125 of Cr.P.C. is applicable for each month of default. Even the Magistrate can entertain separate applications or even entertain a common application for several months of default and pass appropriate order. If there are arrears of more than one month, then the imprisonment exceeding the period of one month can be imposed.

 

In the instance case, in lieu of maximum 12 defaults, the Magistrate has imposed imprisonment for 12 months. However, the same is outer limit and lesser imprisonment can be imposed. Such imprisonment will be followed until the payment is made. In view of the same, I deem it appropriate to reduce the sentence to six months (15 days imprisonment for each month's default).

Read the Judgment

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