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
Index of maintenance cases under sec 125 CrPC are here.
