Monday, November 22, 2021

Section 125 CrPC- Defaulter cannot be given composite civil imprisonment for more than 1 month: Punjab & Haryana High Court

The Punjab and Haryana High Court on Friday held that a magistrate court in exercise of its powers under Section 125(3) of the Criminal Procedure Code (CrPC) cannot impose composite civil imprisonment for default on the 

The Court was of the view that a magistrate court can impose a maximum sentence of one month only unless the payment of the arrears is made sooner. Reliance was placed on the decision of the Supreme Court in Shahada Khatoon and others v. Amjad Ali and Others, wherein it was held,

" sentence exceeding the maximum i.e. one month, can be imposed for default, and if at all the default persists even after the expiry of one month the only remedy available to the aggrieved party would be to approach the Magistrate concerned again after the expiry of one month for enforcing her claim of maintenance for sending the delinquent husband to civil imprisonment." payment of maintenance arrears for more than a month at a time (Bal Raj v. Priya and Others).

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