AMAR SINGH Vs. KAMLA ALIAS SAPNA PANTHI

JUDGEMENT

(1.) Per Justice Sanjay Yadav Single Bench presided over by Hon'ble Shri Justice Sheel Nagu in Criminal Revision No.5630/2018 having expressed difference of opinion with the opinion expressed by Hon'ble Shri Justice Gurpal Singh Ahluwalia in Criminal Revision No. 1257/2018 (Rajesh Dubey vs. Smt. Rachna Tiwari and Another) decided on 21/03/2018 on the issue of sentencing under Sub-section (3) of Section 125 of Code of Criminal Procedure 1973(hereinafter referred as to "Cr.PC"), the matter has been referred to the Division Bench.

(2.) We place on record our appreciation for able assistance of Shri R.K. Sharma, learned Senior Counsel with Shri V.K. Agrawal, who readily agreed to assist the Court as an amicus curie, and of Shri Amit Lahoti, learned counsel for the Applicant.

(3.) In the case at hand, the relevant fact is not in dispute that the husband having failed to abide by the order passed by the Court to pay an amount of Rs.1,000/- per month to each of three children as ordered on 15/06/2016 under Sub-section (1) of Section 125 of Cr.P.C., led the Court direct the husband to suffer civil jail for a period of 11 months in exercise of its jurisdiction under Sub-section (3) of Section 125 of Cr.P.C.