NARENDRA Vs. KRISHNA & ANR

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 08.01.2015, whereby the petitioner was imprisoned for a period of 12 months SI It is due to non-payment of amount of maintenance despite order under Section 125 Cr.P.C.

(2.) Learned counsel for petitioner submits that as per Section 125 (3) Cr.P.C., maximum period of sentence can be of one month, however the court below passed order for imprisonment of 12 months SI in ignorance of the aforesaid. A reference of the judgment of Hon'ble Apex Court in the case of Shahada Khatoon & Ors. v. Amjad AM & Ors., 2000 1 Crimes(SC) 12 has been given. Therein, similar order was quashed by the Apex Court holding that punishment on one application cannot be for a period of more than one month. According to the learned counsel for petitioner that if default in payment remains, the court can pass order of imprisonment separately for each months default but by one order itself, imprisonment cannot be for a period of more than a month. The impugned order, thus deserves to be set aside for imprisonment beyond the period of one month.

(3.) Learned counsel for non-petitioners and Public Prosecutor opposed the petition.