BHAIYALAL KUSHWAHA Vs. SMT. USHA BAI KUSHWAHA

JUDGEMENT

(1.) This Miscellaneous Criminal Case is directed against the order dated 24.1.2013 passed by IInd Additional Sessions Judge, Katni in Criminal Revision No.103 of 2012, whereby order dated 6.6.2012 passed by the Court of Judicial Magistrate First Class, Katni, in MJC No. 12 of 2010 imposing jail sentence and directing issuance of arrest warrant against petitioner husband Bhaiyalal for recovery of the amount of interim maintenance, was affirmed.

(2.) The facts giving rise to this Miscellaneous Criminal Case may be summarized as hereunder: The Judicial Magistrate First Class had passed an order on 8.12.2009 for payment of interim maintenance allowance in the sum of Rs. 1,000/- in all to the respondents against the applicant husband Bhaiyalal. The applicant husband failed to pay the amount of interim maintenance till 6.6.2012. Therefore, an application was moved before the Learned Magistrate to send applicant to jail for enforcing recovery of the amount of interim maintenance.

(3.) The application was opposed by the applicant husband on the ground that he is mentally ill and is thus unable to earn his livelihood. He is dependent on his father. He had sent a notice to the respondents and had offered to keep them with him and maintained them; however, without any sufficient cause, the respondents are refusing to live with him. It was further submitted that the amount of interim maintenance may be recovered in the same manner as the fines are recovered and for default of payment of amount of interim maintenance, the respondent husband cannot be sent to jail.