ASHOK KASHYAP Vs. MANBHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Learned counsel for the petitioner has challenged the order dated 28.05.2007 passed by the learned Judge, Family Court, Kota whereby the learned Judge has imposed the imprisonment for a period of 660 days on account of non-payment of maintenance amount Rs. 66500.00 by the petitioner in Case No.809/98. Learned counsel submits that the order of the learned Judge, Family Court is against the law as Sec. 125(3) Cr.PC. provides that the Magistrate is empowered to impose the imprisonment for a term which may extend to one month only and in no case it can extend the said period. Learned counsel has placed reliance in Shahada Khatoon & Others Vs. Amjad Ali & Others, 1999 (3) CCC 522 (S.C.): 1999 ACJ 491 (S.C.): (1999) 5 SCC 672) , as well as in the judgment of co-ordinate Bench of this Court in Sunil Kumar Jain Vs. State & Anr., 2005 WLC (Raj.) UC 482 .

(3.) In view of the above legal position, the order of the learned Judge, Family Court, Kota passing sentence for more than one month is patently illegal and cannot be sustained and, therefore, the impugned order of the learned Family Court, Kota dated 28.05.2007 passed in Case No.809/98, Manbhar Vs. Ashok is liable to be quashed.