JASBIR SINGH GREWAL Vs. DALJOT KAUR

JUDGEMENT

(1.) Petitioner has assailed order dated 21.07.2016 passed by Civil Judge (Jr. Divn.) Ludhiana vide which objections filed by him and the application for his release from civil imprisonment were dismissed.

(2.) Brief facts as gathered from the record are that the petitioner is the husband of the respondent-Daljot Kaur. Respondent-wife filed a petition under Sec. 125 Crimial P.C. for grant of maintenance for herself as well as for Naunihal Singh @ Gurpartap Singh minor son of the parties. The marriage between the parties was solemnized on 23.11.2004 at Ludhiana. After due contest, the Judicial Magistrate Ist Class, Ludhiana vide order dated 17.05.2011 granted an amount of Rs. 3,000.00 per month to the respondent and an amount of Rs. 2,000.00 per month as maintenance to the minor son from the date of institution of the petition.

(3.) Petitioner did not pay the arrears of maintenance. Execution petition was filed by the respondent. Petitioner was sent to civil prison for not paying the amount of maintenance. At that time, the petitioner was arrested from the Central Jail, Ludhiana as he was confined in a criminal case titled as State Vs. Jasbir Singh and others arising out of FIR No. 127 of 2006 . Petitioner was produced by the Jail Authorities and he was sent to judicial custody for 30 days as he failed to make good the amount in execution.