SANTRAM RATRE Vs. MADHURI BAI RATRE

JUDGEMENT

(1.) The present petition under Sec. 528 of BNSS has been filed against the order dtd. 24/4/2025 passed by learned Additional Principal Judge, Family Court, Janjgir, District Janjgir-Champa directing the petitioner to undergo civil imprisonment for six months.

(2.) The petitioner herein is the husband of respondent No.1 and father of respondents 2 and 3. The Family Court, Janjgir passed an order directing the petitioner to pay maintenance amount of Rs.4,000.00 per month to the respondents. The petitioner defaulted in making payment of the maintenance amount for which the respondents filed an application before the Family Court, Janjgir under Sec. 125(3) of CrPC stating that the petitioner has not paid the maintenance amount of Rs.48,000.00 for 12 months from March, 2023 to February, 2024. The Family Court, vide impugned order dtd. 24/4/2025, directed the petitioner to undergo civil imprisonment for six months, leading to the filing of this petition.

(3.) Now, the sole question for consideration in this petition is whether any jurisdictional Court, exercising its jurisdiction under Sec. 125(3) of the CrPC, can pass an order of civil imprisonment to a defaulter husband in payment of maintenance for more than one month in one stretch?