Regarding imprisonment in mc crpc

jaanu2317!@# (Querist) 21 November 2020 This query is : Resolved
Sir, I filed for maintenance under section 125 CRPC for me and my child and my husband has not complied with the order of interim maintainance. Then I filed MPs for arrears under section 125 (3)and court passed an order asking him to pay all arrears "within one month failing which warrant of arrest may be issued on payment of process". so I filed NBW process which was returned saying I should file civil warrant form.

Si, is 125 cr p c not a criminal proceeding and I was told that he will go to civil prison if he denies payment and I should pay jail bhatta for his substinance in jail is this true?

How can I pay when im myself asking for my livelihood and im in severe financial crisis sir?

can u please guide me sir

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Isaac Gabriel (Expert) 22 November 2020
You can consult local lawyer to pursue further action as per the orders, since it is procedural.

P. Venu (Expert) 23 November 2020
Yes, what is the opinion of your advocate?

Rajendra K Goyal (Expert) 23 November 2020
Non payment generally attracts civil imprisonment. However, discuss in detail with your lawyer in reference to your case.

jaanu2317!@# (Querist) 24 November 2020
SIR PLEASE ADVISE IF I HAVE TO PAY FOR HIM FOR FOOD WHEN HE TAKEN INTO CIVIL IMPRISONMENT AND HOWMUCH I SHOULD PAY, I DO T HAVE AN ADVOCATE I CANT AFFORD KINDLY PLEASE TELL ME SIR

Guest (Expert) 25 November 2020
Section 58 reads as Under Detention and Release (1) every person detained in Civil Prison where the decree for payment of sum of money exceeding Rs 5000 for a period not exceeding 3 months and payment of Rs 2000 but not exceeding 5000 for a period not exceeding 6 weeks

Guest (Expert) 25 November 2020
Telengana Tourism Program is Organizing a " Feel the Jail " Program. Where any common man could spend 24 Hours in Sanga Reddy Prison by paying Rs500 /- ( Posted to the benefit of Mr.Rajendra K Goyal --Tourist for additional Experience in Jail)

jaanu2317!@# (Querist) 25 November 2020
IN THATCASE HOW CAN A WOMAN FILE MAINTAINANCE ?IF SHE HERSELF CAN PAY WHY WILL SHE FILE FOR MAINTAINANCE

Guest (Expert) 25 November 2020
By Implementing this the concerned Lady would get an Permanent Remedy for her Life Time.

P. Venu (Expert) 28 November 2020
Provisions of sub-section (3) of Section 125 of the Criminal Procedure Code itself provides the answer:

"Section 125 in The Code Of Criminal Procedure, 1973

"125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) .........................................
(d) .......................................................................
Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

"(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

"(3) If any person so ordered fails without sufficient cause to comply 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 allowances 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 date 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 be just ground for his wife' s refusal to live with him.
(4) ........................

(5) ........................."

The provisions of sub-section (3) " 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 allowances 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" leaves no doubt that imprisonment in the instant case is no that of committing to civil imprisonment. As such it would be a travesty of justice to require the wife to pay 'jail bhatta'. The correct legal position may be brought to the notice of the Court.

jaanu2317!@# (Querist) 29 November 2020
thank you sir so u meant i do not have to pay "Jail Bhatta" but judge asked me to file civil warrant sir

Rajendra K Goyal (Expert) 29 November 2020
Proceed as ordered by the court / magistrate.

P. Venu (Expert) 29 November 2020
Mr. Rajendra Goyal:
In spite of the unequivocal provision of law, how the payment of bhatta is applicable in the instant case?
The facts posted suggest that the correct legal position has not been brought to the notice of the Court. It is the professional duty of the concerned advocate to do so lest law and its procedure would be rendered perverse.

Rajendra K Goyal (Expert) 30 November 2020
In case of any order of the court, either order has to be accepted or need to be challenged.

Guest (Expert) 30 November 2020
Extra Ordinary Advisers here should Visit Courts and in this Query the Family Courts.

Guest (Expert) 30 November 2020
In Family Courts except in Exceptional Cases the Advocates will not even file Vakhalat and Cases would be represented by concerned Parties only.