LAWS(P&H)-2016-2-67

KRISHAN KUMAR Vs. RITU AND ORS.

Decided On February 25, 2016
KRISHAN KUMAR Appellant
V/S
Ritu And Ors. Respondents

JUDGEMENT

(1.) This revision is directed against the order dated 30.03.2015, passed by the District Judge (Family Court), Bhiwani who had ordered the husband to undergo imprisonment from 30.03.2015 to 29.03.2016 as he failed to pay Rs. 78,000/ - as maintenance for 13 months.

(2.) A petition under Sec. 125 of Cr.P.C. was filed by the wife. The husband failed to appear and was proceeded ex -parte. The Family Court, Bhiwani vide order dated 09.05.2013 allowed maintenance of Rs. 4,000/ - per month to the wife and Rs. 2,000/ - per month to the child from the date of application.

(3.) A petition under Sec. 125(3) Cr.P.C. seeking enforcement of the order was filed. Warrants of arrest were issued. The respondent was arrested. He had stated that he had no money to pay. The District Judge (Family Court) Bhiwani, vide order dated 30.03.2015 sentenced him to undergo imprisonment for a period of 12 months starting from 30.03.2015 to 29.03.2016. That order has been assailed.