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KSM   06 April 2023

In family court maintenance case 125crpc.... if the respondent is to be jailed/arrested...what type.

Dear Sirs.... If in a family case 125 crpc the respondent is unable to pay the maintenance ordered by court and through execution petition if he gets arrested. What category of jail is he sent to.....civil jail (civil arrest) or normal jail. Some say its civil arrest and they are not treated like rough criminals and its a civil jail type....some say its crpc, which makes it a criminal case so even though its under maintenance lapse/family court they will be sent to normal jail.

Which of this is actually true please ?

Thank you


 6 Replies

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     06 April 2023

Jail is jail whether it is civil jail or normal jail...our priorities is to take him out of jail and challenge the maintenance order in session court...

KSM   06 April 2023

But what would a correct factual answer be to the actual original question.

T. Kalaiselvan, Advocate (Advocate)     06 April 2023

Since it is a criminal case, the jail sentence is to be undergone will be  in the regular prison and not in civil jail.


Dr J C Vashista (Advocate)     07 April 2023

It is civil jail in normal jail.

How you are concerned with the post ?


N.K.Assumi (Advocate)     07 April 2023

Failure to maintain is not an offence and husband not an accused, and proceedings under 125 CrPc is a civil proceedings governed by criminal procedure code. The big question is "if  the husband fails to comply Magistrial order without sufficient cause" warrant and imprisonment follows, but once in jail be it any kind of jail, how can he earn and maintain the wife and children. 

Real Soul.... (LEGAL)     07 April 2023

You will be sent to prison for the time until you get a bail or release order; however you will serve the term you are sentenced. There is nothing like Civil or criminal jail only there is simple or rigorous imprisonment – simple means you will have to stay in jail without being put to rigor.

You will not be in jailed in the local police station either be clear of that thing, but you will be in a regular Prison.

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