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Shades of Knife

True Colors of a Vile Wife

Tag: Failure To Pay Maintenance

Poongadi And Anr Vs Thangavel on 27 September, 2013

Posted on May 12, 2018 by ShadesOfKnife

Hon’ble Apex Court in this judgment re-iterated that the imprisonment for a monthly maintenance payment failure is 1 single month, for each violation.

From Para 6,

6. In another decision of this Court in Shantha v. B.G Shivananjappa 2005 4 SCC 468 it has been held that the liability to pay maintenance under Section 125 CrPC is in the nature of a continuing liability. The nature of the right to receive maintenance and the concomitant liability to pay was also noticed in a decision of this Court in Shahada Khatoon v. Amjad Ali 1999 5 SCC 672. Though in a slightly different context, the remedy to approach the court by means of successive applications under Section 125(3) CrPC highlighting the subsequent defaults in payment of maintenance was acknowledged by this Court in Shahada Khatoon.

From Para 8,

8. In view of the above, we are left in no doubt that the order passed by the High Court needs to be interfered with by us which we accordingly do. The order dated 21-4-2004 of the High Court is set aside and we now issue directions to the respondent to pay the entire arrears of maintenance due to the appellants commencing from the date of filing of the maintenance petition (MC No. 1 of 1993) i.e 4-2-1993 within a period of six months and current maintenance commencing from the month of September 2013 payable on or before 7-10-2013 and thereafter continue to pay the monthly maintenance on or before the 7th of each successive month. If the above order of this Court is not complied with by the respondent, the learned trial court is directed to issue a warrant for the arrest of the respondent and ensure that the same is executed and the respondent taken into custody to suffer imprisonment as provided by Section 125(3) CrPC.

 

Poongadi And Anr vs Thangavel on 27 September, 2013

Citations : [2013 SCR 9 862], [2013 AIR BOMR 6 775], [2013 SLT 8 113], [2013 SCALE 12 186], [2013 CRIMES SC 4 371], [2013 AIR SC 5764], [2014 AIR SC 24], [2013 BOMCR CRI SC 4 794], [2013 CRLJ SC 5006], [2014 SCC CRI 1 361], [2013 SCC 10 618], [2013 RCR CRIMINAL SC 4 504], [2013 RCR CIVIL SC 4 701], [2013 AIOL 65], [12013 SUPREME 7 254], [2013 SCC ONLINE SC 893], [2013 GUJ LH 3 363], [2013 CTC 6 338], [2013 AIC 131 58], [2014 ECRN 1 720], [2014 AD SC 7 511], [2013 ALLCC 83 973], [2014 ALT CRL AP 1 299], [2013 DMC 3 460], [2014 GLR SC 3 2005], [2013 JLJR 4 575], [2014 LW CRL 1 69], [2013 NCC 2 840], [2014 PLJR 1 52], [2014 SCJ 1 797], [2013 AIR SCW 5764]

Other Sources :

https://indiankanoon.org/doc/5626322/

https://www.casemine.com/judgement/in/5609af2de4b0149711415baa

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Failure To Pay Maintenance Legal Procedure Explained - Interpretation of Statutes Maintenance Poongadi And Anr Vs Thangavel Reportable Judgement or Order Shahada Khatoon and Ors Vs Amjad Ali and Ors Shantha @ Ushadevi and Anr Vs B.G.Shivananjappa | Leave a comment

Md.Barik Vs The State Of Bihar Through Chief Secretary, Bihar on 2 June, 2016

Posted on May 10, 2018 by ShadesOfKnife

This Patna High Court judgment highlights that illegal detention of accused is a violation of Article 21 of Constitution of India.

 

Thus, the detention of the petitioner being per se illegal and without jurisdiction. It would be violated of its constitutional rights under Article 21 of the Constitution.

Md. Barik vs The State Of Bihar Through Chief Secretary, Bihar on 2 June, 2016

Indiankanoon.org Link: https://indiankanoon.org/doc/31356999/

Citation:


This judgment is based on the landmark judgment of Patna High Court passed in 2011 which is available here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Patna Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Failure To Pay Maintenance Md.Barik Vs The State Of Bihar Through Chief Secretary Bihar No Automatic Arrest | Leave a comment

Ramdhani Sah Vs The State of Jharkhand on 22 June, 2016

Posted on May 10, 2018 by ShadesOfKnife

This judgment from Jharkhand High Court explains the notorious arrests under CrPC 125(3)

 

Ramdhani Sah vs The State Of Jharkhand on 22 June, 2016
Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance Failure To Pay Maintenance Follow CrPC 421 For Maintenance Recovery No Automatic Arrest Ramdhani Sah Vs The State of Jharkhand | Leave a comment

Laljee Yadav Vs The State Of Bihar on 16 September, 2011

Posted on May 10, 2018 by ShadesOfKnife

This is a wonderful judgment explaining the imprisonment of accused who fails to make the maintenance payments to Knife under Sec 125(3) of CrPC.

Noticing the peculiar situation where virtually the petitioner has been made to serve life sentence and the insensitivity of the Judge in the matter, we called for the lower Court records to examine for ourselves the facts because if what is being said by the Principal Judge, Family Court is to be accepted then the petitioner would virtually be serving a life sentence with no remission possible.

 

What is more scandalous is, as will be shown, petitioner has been kept in prison mechanically and that too for months even without any order of remand by the learned Principal Judge, Family Court.

 

The Code itself provides by Section 421 for warrant for levy of fine….

… A reference to Section 421 and the proviso would show that it clearly prohibits a person to be imprisoned in execution of warrant levying fine which would simply for recovery of the maintenance and, thus, there is no scope for issuance of any distress warrant for detaining a defaulter husband.

 

For the purposes of sentencing, the Code has provision in terms of Sections 29 and 30 thereof but the question remains that can there be a sentence straightway upon default being shown. In our view, no.

 

Unfortunately, in total disregard to the binding precedent, the learned Principal Judge, Family Court proceeded. The result is that the petitioner is being detained in custody ad infinitum which is against the statutory provisions.

 

Again, this is significant inasmuch as the maintenance being a monthly payment, for each month’s default, defaulter can be sentenced for a month’s imprisonment.

 

As seen above, the maintenance is to be fixed on monthly basis. The sentence has, accordingly, been limited to a month maximum for each breach.

 

We, therefore, hold that the detention of the petitioner cannot be justified and is contrary to the scheme as provided under Section 125 (3) of the Code. We have no option accordingly but to direct the immediate release of the petitioner, while quashing the order committing the petitioner to custody and subsequent orders of remand. The writ application is allowed.

 

Laljee Yadav vs The State Of Bihar on 16 September, 2011
Posted in High Court of Patna Judgment or Order or Notification | Tagged CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC 421 - Warrant for levy of fine Failure To Pay Maintenance Follow CrPC 421 For Maintenance Recovery Landmark Case Legal Procedure Explained - Interpretation of Statutes Maintenance No Automatic Arrest Order Quashed | Leave a comment

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