Section 125 of the Cr.PC provides for an order for maintenance of wives, children and parents. Sub-section (3) of section 125 provides that if any person ordered to pay maintenance fails without sufficient cause to comply with the order, the Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines and may sentence such person, for the whole, or any part of each month's allowance and expenses of proceeding as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.
The statutory provisions under S.125(3) Cr. PC make it very clear that one month's imprisonment is the maximum imprisonment for each month's default. If the default is due is for more months than one the defaulter cannot claim immunity or any advantage.
Referring case law: Santhosh Vs.State of Kerala
Hope it clarifies the issues! Regards Minakshi Bindhani
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