Arrest in 125(3) crpc

jagjit (Querist) 17 November 2014 This query is : Resolved
SIR , I WANT TO KNOW THAT IF DUE TO SOME RESOSON RESPONENT HUSBAND IS UNABLE TO PAY THE INTERIM MAINTENENCE ALLOWENEC TO HIS APPLICANT WIFE AND IF THE AMOUNT GOES UP TO 20000/- AND ON ONE DATE HE PAYS RS. 8000/- AND READY TO PAY THE REST AMOUNT IN NEXT DATE. THEN CAN HE BE SENT ON JAIL FOR NOT PAYMENT OF ARREARS. THIS IS WRITTEN IN ORDER SHEET THAT HE HIMSELF HAS PAID THE DRAFT OF RS 8000/- FOR THE LADY. THEN ORDER PASSED FOR 1 MONTH JAIL.

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ROHIT SHARMA (Expert) 17 November 2014
1. The part of the arrears has been paid and the remaining can be paid in installments and therefore the court will not direct judicial custody of the defaulter.