125(3) of cr.p.c.
Neeraj Kaushal
(Querist) 05 November 2012
This query is : Resolved
i have filed an application U/S 125(3) of Cr.P.C. for recovery of interim maintenance amount against respondent , respondent refused to deposit interim maintenance , court has sent him jail for the period of one month , i have again filed application U/S 125(3) of Cr.P.C. against respondent for recovery of interim maintenance amount , i have also included that amount for which respondent has already been sent to jail, whether my application is maintainable , if i will not include that interim maintenance amount , then how would i recovered that amount. Respondent file objection that he has already been sent to jail for one month for that maintenance amount and that amount must be deducted from my present application. what can i do now whether objections of respondent are maintainable .
Devajyoti Barman
(Expert) 05 November 2012
For default of arrears amount you have already sent him to jail.
Now again you can not include the amount for the same period in the your next execution case.'It would be sheer abuse of the process of law.
Claim for rest of the period.
Raj Kumar Makkad
(Expert) 06 November 2012
I fully disagree with both the experts in view of Hon'ble Supreme court of India judgment passed in Smt. Kuldip Kaur Vs. Surendra Singh and another ( AIR 1989 SC 232). But the question for consideration before the Apex Court in the matter was whether, in case of person refusing to comply the order of the Court to maintain his neglected wife or children, without reasonable cause, will be absolved of his 1
liability, merely because he prefers to go to jail. Considering every aspect of the provisions under Sub-section (3) of Section 125 Cr.P.C., it was held that sentencing a person to jail is mode of enforcement and not mode of satisfaction. The liability can be satisfied only by making actual payment of arrears. The Supreme Court directed the defaulting husband be put in jail till he makes the payment of maintenance allowance.
