RAJESH DUBEY Vs. SMT. RACHNA TIWARI AND ANR.

JUDGEMENT

(1.) Heard on the question of admission. This Criminal Revision under Section 397 / 401 of Cr.P.C. has been filed against the orders dated 19-2-2018 and 21-2-2018 passed by Principal Judge, Family Court, Vidisha, in MJC No.

(2.) /2015, by which the applicant has been sent to jail for a period of six months because of non-payment of Rs.1,14,500/-. 2. It is submitted by the Counsel for the applicant, that the respondents are the wife and daughter of the applicant. They had filed an application under Section 125 of Cr.P.C. for grant of maintenance. The Trial Court by order dated 17-12-2009, directed the applicant to pay interim maintenance @ Rs.1500/- per month. he application filed under Section 125 of Cr.P.C. was allowed and by order dated 16-10-2012, the applicant was directed to pay Rs.1500/- to the respondent no.1 and Rs.1000/- to the respondent no.2. However, it is fairly conceded by the Counsel for the applicant, that only an amount of Rs.1,500/- was paid by him from 17-12-2009 and the remaining amount was not paid.

(3.) Accordingly, an application was filed by the respondents under Section 125(3) of Cr.P.C. for recovery of maintenance amount. The notices were issued. However, applicant did not appear and ultimately, warrants were issued under Section 166 of Cr.P.C. and accordingly, the applicant was arrested and was produced before the Trial Court on 19-2-2018. The Trial Court on the said date, sent the applicant to jail, as he failed to deposit the arrears of maintenance amount. It was mentioned in the order that an amount of Rs.1,14,500/- is outstanding against the applicant, therefore, the applicant was directed to be sent to jail for a period of six months or till the outstanding amount is deposited, whichever is earlier. Thereafter, the applicant filed an application seeking his release from jail as the applicant was ready and willing to deposit an amount of Rs.20,000/- which has been rejected by the Trial Court by order dated 21-2-2018.