CHELLAMUTHU Vs. SARASAL ALAIS SARASU

JUDGEMENT

(1.) The revision petitioner herein is the husband of the first respondent and father of the respondents 2 and 3. The respondents have filed an application before the learned Chief Judicial Magistrate under Section 128 of Cr. P.C. claiming the arrears of maintenance amount for the period from 05.06.2002 to 05.06.2008, totaling to a sum of Rs.15,600/-. The petitioner/husband did not pay the maintenance amount and the learned Chief Judicial Magistrate passed an order, sentencing the petitioner to undergo simple imprisonment for a period of six months or until the payment if sooner made. Aggrieved by the said order of the learned Chief Judicial Magistrate, the petitioner/husband had preferred this Criminal Revision.

(2.) The learned counsel for the petitioner submits that the petitioner had been in jail for more than a month and under Section 125 (3) Cr.P.C. an order of detention has been passed against the petitioner for violation to comply with the maintenance only for a maximum period of one month and not for several months. The learned counsel for the petitioner also relied on a decision of the Hon'ble Supreme Court reported in (1999) 5 SCC 672 in ( Shahada Khatoon and others Vs. Amjad Ali and others) wherein it is held as follows:-

(3.) The submissions made by the learned counsel for the respondent were also heard.