BHERULAL Vs. THE STATE

JUDGEMENT

(1.) I have heard learned counsel for the petitioner & perused the order of the learned Judicial Magistrate I Class, Badi Sadri dated 9.9.2002.

(2.) It appears that on the application filed by the respondent herein Smt. Kali under Section 125 Cr.P.C., the learned Magistrate awarded maintenance, which was not paid. As such, on an application filed under Section 128 Cr.P.C., a warrant has been issued and petitioner has been sent to jail for a period of 17 months.

(3.) It is submitted by the learned counsel that the petitioner is in jail for more than 10 months. It is also submitted that under sub- cl. (3) of Section 125 Cr.P.C., if a person who has been directed to pay maintenance, fails without sufficient cause to comply with the order, the Magistrate may, for every breach of the order issue a warrant for levying the amount due and may sentence such person, for the whole or any part of each month's allowance remaining unpaid after execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.