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Sun Roy (engineer)     16 February 2013

Query regarding 125 crpc excution max punishment and repeat

 

Sir, I have a friend who is unemployed and 498a, 406 34 and DV is going on. and 125 also. My friend is unemployed / pvt employed and some time work as khalasi and earn Rs 2000 to 2500/- month. he is 12th passed. however the court considered/ assumed  minimum wages act and has given interm order to pay Rs 2500/-  per month ( wife and 1 child). and effective from 2007. and payment rs 1.25 lacs. since he has no money. So the court has send him jail under execution of 125 crpc for 1 month. after 1 month judge asked to pay the money and since he has no money the court again send for 1 month and again for 1 month. He don’t have any property. And He don’t have any money to pay her.

His father is senior citizen and getting pension only Rs 1500/- month so also his family members is not able to pay the amount

In the mean time my friend is suffering a mental problem and his treatment is under phychiatrist. and he is presently not able to earn  a single paisa. He don’t have any property. He is in jail from last 70 days and few medicine medicine are only providing in jail..

What should we do and what is the max prisonment in 125 Crpc and how many times court can send jail under 125 execution. my friend’s wife is also 12 th pass. presently where she is working i dont know.

Any decision in this matter pleas provide me.

Senior members are requested to kindly suggest how can i help my friend and how can he come out of jail . 



Learning

 8 Replies

sridhar pasumarthy (ADVOCATE)     18 February 2013

Maintenance should be paid each and every month.  For failure of each month's maintenance, punishment is provided under Cr.P.C.  Ask him to prefer revision or to file a petition under section 127 Cr.P.C. narrating his health and financial condition, 

Sun Roy (engineer)     18 February 2013

Thanks for reply. One monthe punishment is for one year maintance or each month maintence punishment is one month?

sridhar pasumarthy (ADVOCATE)     18 February 2013

Dear Sun Roy,

For every breach, respondent has to suffer one month imprisonment provided the petitioner makes an application in that regard for every month's due.  But, the petitioner should make an application within one year from the date of becoming the amount due.  

 

 

Aadil (Sales Manager)     18 February 2013

u need to prove that she is working or she may file in later stage of case about her working status which will  be contradictory to previous one.

navdeep gahlawat (faridbad)     13 July 2013

sir, 

 maintance case is running in mahila court saket judge order for submit income proof to both parties she is working and an mba passed girl she wants maintnance from me she also filed a case 498a,406,34 ipc charge sheet not field yet please teel me how i take divorce from her in delhi high court mediation is failed she wants 13 lacs i gave 5 lac please suggest me how i can take divorce and live  a happy life

suleman   10 August 2019

sir apka pura case kisi ne samja hi ni is bloge  m isliye ese riply de diye

suleman   10 August 2019

apke friend ko cort jada se jada 3 bar jail bhej sakti h uske bad agar jail bhejti h to apke friend ki wife ko total ammount ka 25% cort ko dena hoga apne husbend ko jail bhejne ke liye .. mere kehne ka matlab sirf itna h warrant ka jo ammount h uska 25% dena hoga ladki ho ..3 bar jail hone ke bad 4 time jab vo cort ke true lakde ko jail bhejna chahegi tab ye condition ayegi ok now apne vakeel se bat karna

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     10 August 2019

For every execution petition, maximum one month jail can be imposed.  But, as the amount will not be realized by sending the husband to jail, wife can file one more fresh execution petition for the same amount and can send husband to jail for one more month.  Till realization of amount, she can file series of execution petitions and send him jail, but for one petition, one month maximum jail is there.  You can resist this jail term, by arguing that it is civil imprisonment and hence, wife has to deposit diet allowance of 30 days in the court for asking the court to send him to jail.


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