CHANDRASHEKHAR Vs. UMA D/O BASAPPA SHEDHAD

JUDGEMENT

(1.) The petitioner challenges the order passed under Sec. 125(3) of the Code of Criminal Procedure, 1973, by the learned Magistrate, sentencing him to undergo imprisonment for an additional period of two months for non-payment of arrears of maintenance.

(2.) The respondent-wife had earlier initiated criminal miscellaneous proceedings under Sec. 125 of Cr.P.C., seeking maintenance. The Family Court, after considering the matter, passed an order granting maintenance. The petitioner's failure to comply with the order prompted the respondent to file an application under Sec. 125(3) of Cr.P.C. for recovery of arrears of maintenance. The learned Magistrate allowed the application and sentenced the petitioner to civil imprisonment for a period of one month due to his non-compliance with the maintenance order under Sec. 125(1) of Cr.P.C.

(3.) Upon completion of the one-month imprisonment, the respondent filed another application under Sec. 125(3) of Cr.P.C., alleging non-payment of arrears of maintenance for 24 months. The learned Magistrate, by the impugned order, sentenced the petitioner to undergo further imprisonment for a period of two months. Aggrieved by the said order, the petitioner has approached this Court.