SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this reference, following question has been referred to the Full Bench:

(2.) Factual background leading to the question is as follows: - Special Criminal Application No.897 of 2008 has been filed by one Rama Muru Pariya, through Jail against the judgment and order dated 15th March 2008 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Khambhalia, Dist: Jamnagar in Criminal Revision Application No.141 of 2007. By the said decision, the learned Judge was pleased to modify the order dated 26.11.07 passed by the learned Judicial Magistrate, First Class, Khambhalia, in Criminal Misc. Application No.127 of 2006.

(3.) Wife of the applicant and his minor children were granted maintenance under section 125 of the Criminal Procedure Code by the Judicial Magistrate at the rate of Rs.200 for the wife and Rs.250/ - each for two children, thus totalling to Rs.700 per month. Since the applicant did not pay the maintenance regularly, his wife and children filed Criminal Misc. Application No.126 of 2006 before the learned Magistrate seeking recovery of accumulated outstanding amount of Rs.28,000/ - for the period between 7.6.02 and 6.8.05 under section 125(3) of the Criminal Procedure Code. The said application was filed on 1st July 2006. Thereafter, another application being Criminal Misc. Application No.127/06 was also filed on 1.7.06 seeking recovery of Rs.7,700/ - for the period between 7.8.05 to 7.6.06. For a total unpaid maintenance of Rs.35,700/ - for a period of 49 months, the learned Magistrate issued warrant against the husband. Eventually, for non -payment of the said amount, he ordered that the husband shall serve rigourous imprisonment for a period of 980 days.