S. 125 (3) CrPC- Composite Civil Imprisonment For More Than A Month Can’t Be Imposed In Single Stroke: P&H High Court

The Punjab and Haryana High Court has watched that within the work out of its powers beneath Segment 125(3) Cr.P.C., a court can force composite gracious detainment in case of default in installment of upkeep arrears/allowances, for a period of one month as it were, in a single stroke.

 This statement came from the seat of Justice Manjari Nehru Kaul who was managing with a amendment request recorded by one Bal Raj, who had moved to the High Court challenged a family court’s arrange passed on an application moved under Section 125(3) of the CrPC. Basically, the family court had coordinated the applicant to experience a composite sentence of 12 months’ respectful detainment for default in installment of upkeep stipend for 66 months, wronged by the same, he recorded the moment modification supplication before the High Court.

 It was contended before the Court that for default of installment of back payments, no composite sentence may have been ordered.

Court’s order

 Perusing the command of Segment 125 (3) CrPC, the Court famous that for breach of installment of support for each month, the Court can force a greatest sentence of one month as it were, unless of course, in case the installment of the arrears is made sooner.

  Further, the Court alluded to the administering of the Supreme Court within the case of Shahada Khatoon and others Vs. Amjad Ali and others (1999) 5 SCC 672, wherein it was held that the powers of the Judge are limited and no sentence exceeding the most extreme i.e. one month, can be forced for default.

 In this case, the Apex court had assist held that if at all the default holds on indeed after the expiry of one month, the as it were cure accessible to the wronged party would be to approach the Judge concerned once more, after the expiry of one month, for upholding her claim of support for sending the reprobate spouse to gracious imprisonment. Hence, the High Court ruled that the defaulter can beneath no circumstances be requested to experience composite civil imprisonment for a period past one month independent of the truth that the arrears, etc. claimed in a single application by the distressed party may be for more than one month.

 As a spin-off to the over, the decried arrange dated Walk 16, 2020, of the family court (granting 12 months civil imprisonment) was set aside as being entirely unsustainable and against the settled law.

 Case title – Bal Raj v. Priya and others

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