KASHMIR SINGH Vs. KARTAR KAUR

JUDGEMENT

(1.) This petition u/s. 482 Cr. P.C. is directed against the order of the learned Additional Sessions Judge, Sriganganagar dated March 28, 1979 whereby the learned Additional Sessions Judge upheld the order passed by the learned Judicial Magistrate, 1st Class, Ganganagar, dated May 4, 1978. The learned Magistrate passed the order in proceedings u/s. 125(3) Cr. P.C. 11 MonthsT amount of maintenance at the rate of Rs. 60/- was due from the husband present- petitioner. The learned Magistrate expressed that the husband can be punished to the extent of 11 Months simple imprisonment. Therefore, he stated that considering the circumstances of the case, he prescribed the punishment to the extent of 6 months simple imprisonment. The warrant of arrest was ordered to be issued.

(2.) The only question that arises for consideration in the present petition is, as to whether the learned Magistrate was justified in passing the impugned order whereby sending the husband to six months simple imprisonment in connection with the enforcement of the maintenance order. For consideration of the above question I extract sub-section 3 of Section 125 Cr. P.C. (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may for every branch of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, hr the whole or any part of each months allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that the warrant shall be issued for the recovery of an amount due under this section unless application be made to the Court to levy such amount within a Period of one year from the date on which it be comes due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him such Magistrate may consider any grounds of refusal stated by her and make an order under this section not with standing such offer, if he is satisfied that there is just ground for so doing. Explanation: If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wifes refusal to live with him. The relevant part of the old Provision contained in section 488(3) Cr. P.C. is also produced below: Enforcement of order (3): If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in manner herein-before provided for levying fines, and may sentence such person, for the whole or any part of each months allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.

(3.) For the purpose of this petition the main provision of sub-section 3 is material. The following words occurring in sub-section need to be interpreted and may sentence such person, for the whole or any part of each months allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.