Comment on Bail
Aruna
(Querist) 10 February 2010
This query is : Resolved
1.Does Code of Criminal Procedure 1973 , Section 125 is bailable?
2.What is the maximum penalty and maximum how many times Bail can be granted?
3.If the Husband is habitual defaulter maximum how many times a warrant can be issued?
Raj Kumar Makkad
(Expert) 10 February 2010
1, yes.
2. One month judicial custody against one month arrears and the amount equal to the already awarded can be ordered as a penalty.
3. No limit. Equal months of judicial custody can be awarded.
Arvind Singh Chauhan
(Expert) 10 February 2010
Raj Sir! I also eager to know that if any person has spent one months imprisonment.whether He is released from liability to pay the amount for which he has spent one month or the amount remain due as balance. Whether he may be imprisoned for the same amount ahead? If No please provide some citation.
N.K.Assumi
(Expert) 10 February 2010
Arvind, according to supreme Court, the husband could not be absolved of his liability merely because he was made to go to jail.
Guest
(Expert) 10 February 2010
i agreed with mr makkad and mr assumi... for more information pls see section 125 (3) Code of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(3) If any Person so ordered fails without sufficient cause to company with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to just ground for his wife's refusal to live with him.
Arvind Singh Chauhan
(Expert) 11 February 2010
Assumi Sir Please can you send me the citation as you have referred in answering the query regarding 125"Comment on Bail"
Thanks
