RAKESH @ RAKESH LOHIYA Vs. BABITA

JUDGEMENT

(1.) The petitioner has assailed the order dated 03.02.2018, passed by the Family Court, Gurugram whereby petitioner was sentenced to undergo civil imprisonment from 01.03.2015 to 13.12.2016 and for another period of six months from 14.12.2016 for non-payment of arrears of maintenance of Rs. 1,10,000/-.

(2.) The counsel for the petitioner contends that the Family Court in utter disregard of the judgment rendered in Shahada Khatoon and others Vs. Amzad Ali and others, 1999 2 OrissaLR 333 (SC) has sentenced him to imprisonment for more than a month. He urges that a Magistrate cannot impose imprisonment for a term which can extend to one month in case of non-payment of maintenance and the language of Sub-Section 3 of Section 125 Cr.P.C. is quite clear and the power given to the Court does not get enlarged and if there was a breach or non-compliance of the order, the wife can approach the Magistrate again for the same relief.

(3.) The counsel representing the respondent urges that the petitioner has not cleared the arrears and there are still outstanding.