MOHAMMED NASEEM KHAN Vs. SHAHBUNNISHA

JUDGEMENT

(1.) VIDE order dated 26.6.2013 in M.J.C. No. 41/2011 of Principle Judge, Family Court Jabalpur petitioner was directed to pay maintenance @ Rs. 1500/ - per month to the respondent no. 1 and @ 1000/ - per month to the respondent no. 2, in all total amount of Rs. 2500/ - per month since the date of order and further directed him to pay arrears of interim maintenance.

(2.) VIDE order dated 11.3.2014 in M.J.C. No. 120/13 of Family Court directed the petitioner to suffer for non payment of the maintenance amount one month simple imprisonment again.

(3.) PLACING reliance on, 1999 AIR SCW 4880 -Shahada Khatoon and others Vs. Amjad Ali and others, learned counsel for the petitioner submits that Magistrate can only send the defaulter to jail for a period of one month simple imprisonment. If defaulted amount is deposited in between, then the defaulter may be released from jail at an early date also. Further placing reliance on, 2007 (1) MPWN 87 -Shabnam Vs. Jameel Khan, learned counsel for the petitioner submits that once if jail sentence is suffered by the defaulter then he cannot send him to custody again for the same default. Remedy available against him remains recovery of money through warrant of recovery. Learned counsel has criticized the impugned order dated 11.3.2014 on the ground that petitioner was sent to custody on 11.2.2014 for a period of one month and in continuity he extended the period of custody for one month more on presumption that for continuing defaults period of jail may be continued.