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Muzmmil Kadiya   03 May 2020

cr.pc section 125(3)

Due Maintenance should not recover beyond 1 year in application under cr.pc section 125(3)? Pl.know me Judgements of favourable & unfavorable on it.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     03 May 2020

Dear querist,

The section is very clear. Read it again. Judgment is not required. Still if you want you can search on indiankanoon


1 Like

minakshi bindhani   06 October 2021

As per your query concerned!

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!
Minakshi Bindhani

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