Anushka Sharma –
Published On: November 21, 2021 at 13:00 IST
The Punjab and Haryana High Court held that, in exercising its powers under Section 125(3) CrPC, a Court can impose composite Civil Imprisonment for one month only in the event of default in payment of support arrears/allowances.
This declaration came from the Bench of Justice Manjari Nehru Kaul hearing a Revision Petition filed by one Bal Raj, who had challenged a Family Court’s ruling on an application filed under Section 125(3) CrPC in the High Court.
In essence, the Family Court had ordered the Petitioner to serve a combined sentence of 12 months Civil Jail for failing to pay a 66-month maintenance allowance; he was offended by this and filed the current revision Appeal with the High Court.
It was contended before the Court that no composite sentence could have been imposed for failure to pay arrears.
The Court stated that under Section 125 (3) CrPC, the Court can only impose a one-month term for failure to pay maintenance for each month, unless the arrears are paid sooner.
As a result, the High Court held that the defaulter can never be sentenced to more than one month of composite civil Imprisonment, regardless of whether the arrears, etc. alleged in a single application by the Aggrieved party are for more than one month.
As a result of the foregoing, the Family Court’s impugned ruling (awarding 12 months Civil Jail) was thrown aside as being totally unsustainable and contrary to settled Law.