(1.) Petitioner has challenged the order dated 24.09.2013 passed by the Family Court, Sonipat, who had sentenced the judgment debtor/husband to undergo 11 months imprisonment for his failure to pay the maintenance amount.
(2.) A petition filed under Section 125 Cr.P.C. was allowed. There were arrears over Rs.1,00,000/-. An execution petition was filed. The husband expressed his inability to pay the amount. The amount due pertained to the period 17.07.2010 to 17.01.2013 i.e. for 30 months. The Family Court relying upon judgment in the case of Kashmir Singh versus Kartar Koul, 1988 1 RajLW 210 sentenced the husband to undergo imprisonment for a period of 11 months.
(3.) Notice was given to respondent No.2, she had failed to appear.