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sai narayana   02 February 2025

Two times warrant or imprisonment is double jeopardy or not in 125(3) crpc matters?

My wife (ex) put me under one month imprisonment for non compliance of the maintenance order and after completing that imprisonment, she again filed another petition for same period arrears with same relief. And the court allowed that petition by issuing warrant again for imprisoning me. Is it not violative of double jeopardy under article 20(2) constitution of India, because the arrears claimed in both petitions and relief prayed also is one and same in both, so my query



 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     02 February 2025

A wife may be granted a decree for 2nd-time maintenance under two different enactments.

T. Kalaiselvan, Advocate (Advocate)     02 February 2025

If the maintenance arrears amount is still not paid despite the conviction then she can approach for the relief as per law,  hence this may not come under double jeopardy. 

sai narayana   02 February 2025

how many times she can file new petitions again and again for same period arrears with same relief? Is this not violation to the following judgment (Indiankanoon.org/doc/1923858), one month imprisonment limit.

Real Soul.... (LEGAL)     03 February 2025

Until you clear the dues, and keep paying the maintenance amount regularly. She can file applications each time

Vishesh K Sapra (Advocate Delhi High Court and Supreme Court)     04 February 2025

Hello Mr. Sai Narayan,

The principle of double jeopardy under Article 20(2) of the Constitution of India states that no person shall be prosecuted and punished for the same offence more than once. However, in your case, this principle may not strictly apply, as Section 125(3) CrPC deals with execution of a maintenance order, which is a continuing liability rather than a criminal offense.

Under Section 125(3) CrPC, if a person fails to pay maintenance, the court can issue a warrant for recovery and, in case of non-payment, sentence the defaulter to imprisonment for up to one month or until payment is made. However, the law also states that such imprisonment does not absolve the person from the liability to pay the arrears. If the maintenance remains unpaid even after serving imprisonment, the wife can file another petition for fresh arrears.

To determine if this is a case of double jeopardy, it is crucial to check whether:
 1. The same arrears were claimed in both petitions, and the second petition was not for fresh dues.
 2. The second imprisonment is based on the same period of arrears for which you have already served the sentence.

If both conditions are met, you can challenge the second imprisonment order before the High Court by filing a revision petition under Section 397 CrPC, arguing that it is violative of Article 20(2) and an abuse of process. You can also file a writ petition under Article 226 in the High Court, seeking a stay on the execution of the warrant.

However, if the second petition is for a different period of arrears, then the imprisonment is legally justified, and you may have to seek relief by clearing the outstanding dues or negotiating a modification of the maintenance order.

To discuss further, reach me out at adv.vishesh@icloud.com.

sai narayana   04 February 2025

It's for the same period arrears. Thanks a lot for your detailed reply. NBW has been issued, on it's execution by police I will be brought in front of the judge for sentence. It's the current status. What are the documents required for filing revision and if the advocate in that court stops responding is there any alternative way to file revision without filing those documents please let me know.

P. Venu (Advocate)     04 February 2025

What prevents you from making the payment that is due? This forum is not meant for assisting those who desire to hoodwink the law and its procedures.

sai narayana   04 February 2025

For you pursuing legal remedies is hoodwink but not for me. If you still think so you can ignore my thread and please move on.


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