MUSTAK KHAN Vs. NAIMA KHATUN

JUDGEMENT

(1.) The two short but interesting questions that arise for consideration in this petition under Section 482 of the CrPC are:

(2.) Whether the said court is empowered to direct the husband to undergo "rigorous" imprisonment under Section 125(3) of the CrPC for non-payment of maintenance

(3.) Mr. Alok Kumar Pandey, learned counsel appearing for the petitioner, would submit that the learned Judge, Family Court is absolutely unjustified in imposing rigorous imprisonment of one year upon the petitioner. The provision contained under Section 125 (3) of the CrPC clearly enunciates that a person so accused for non-payment of maintenance amount cannot be sentenced for imprisonment of more than one month in one go, therefore, sentencing the petitioner for imprisonment of one year under Section 125(3) of the CrPC is totally unauthorized and lies beyond the jurisdiction of the learned Judge of the Family Court who has gravely erred and misdirected himself in exercising its jurisdiction by sentencing the petitioner for imprisonment of one year. The petitioner is in jail since 19-2-2019 and has suffered imprisonment for a period of eight months so far. He would further submit that the sentence cannot also be rigorous, but it can only be a simple sentence for a period of one month, as such, the order impugned deserves to be set aside.