MANOJ KUMAR GUPTA Vs. KAMLESH KUMARI

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and learned A.G.A.

(2.) THE husband Manoj Kumar Gupta, who is revisionist, has filed this revision petition in this Court, impleading his wife Smt. Kamlesh Kumari as opposite party no. 1 and II Additional Chief Judicial Magistrate, Banda as opposite party no. 2, against the order dated 27.9.1993 passed by the II Additional Chief Judicial Magistrate, Banda in Case No. 243/IX/1990-Smt. Kamlesh Kumari Vs. Manoj Kumar Gupta, under Section 125(3) Cr.P.C., Police Station Kotwali Nagar, Banda, District Banda, by which recovery warrant for the interim maintenance amount remaining unpaid was directed to be issued against the husband and 16.10.1993 was fixed for further orders in the matter.

(3.) THE main submission of the learned counsel for the revisionist husband is that by virtue of provisions of Section 125(3) of Criminal Procedure Code, 1973 if the husband failed without sufficient cause to comply with the order of the maintenance, then the Magistrate may, for every breach of the order can issue a warrant for levying the amount due in the manner provided for levying fines and can sentence the husband for whole or any part of each month's allowance remaining unpaid after the execution of the warrant to imprisonment for a term which can extend to one month or until payment if sooner made. No warrant could be issued for recovery of the amount due unless the application was made to the court to levy such amount within a period of one year from the date on which it became due. On this ground, the impugned order is illegal, unjust, improper and against the provisions of law.