BAL RAJ Vs. PRIYA

JUDGEMENT

(1.) The instant revision petition has been filed to assail the order dtd. 16/3/2020 passed by the Family Court, Jagadhri in an application moved under Sec. 125(3) Cr.P.C. vide which the petitioner was ordered to undergo a composite sentence of civil imprisonment for a period of twelve months for default of payment of maintenance allowance of 66 months (w.e.f. 27/5/2014 to 27/2/2020), amounting to Rs.2,74,000.00.

(2.) Learned counsel for the petitioner has vehemently urged that the Family Court gravely erred while passing the impugned order without appreciating that for default of payment of arrears, no composite sentence could have been ordered. In support, he placed reliance upon the judgment of Supreme Court in Shahada Khatoon and others Vs. Amjad Ali and others : (1999) 5 SCC 672. It was also submitted that respondents No.l to 3 were not even his wife and children. Besides, they were already getting widow and destitute children pension from the Government of Haryana. It was submitted that soon after the passing of the impugned order the petitioner was sentenced to civil imprisonment on 16/3/2020. On account of the outbreak of the pandemic, he was released on parole but subsequently he was directed by the jail authorities to surrender back, which he did on 10/10/2021. Ever since then he was confined in the District Prison at Yamuna Nagar.

(3.) On being put to notice Mr. Munish, Mittal, Advocate has put in appearance and opposed the prayer and submissions made by the counsel opposite.