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2014 DIGILAW 778 (MP)

Bhogiram v. Dularibai

2014-07-08

B.D.RATHI

body2014
JUDGMENT B.D. Rathi, J. 1. With the consent of the parties, heard finally. 2. This petition has been preferred under Section 482 of Cr. P.C. being aggrieved from the order dated 29/4/14 passed by the Principal Judge of the Family Court, Bhind whereby the petitioner/husband Bhogiram, who was brought before the court pursuant to arrest-warrant was directed to be sent to jail to undergo three months' sentence under Section 125(3) of Cr. P.C. because since 23/1/12 till 23/4/12 for a period of three months, the petitioner failed to pay any amount towards maintenance to his wife/respondent No. 1-Dularibai in compliance of the order passed by the court. 3. By inviting attention of this court on the provision of Section 125(3) of Cr. P.C., it is submitted by the learned counsel for the petitioner that under the aforesaid provision, such failure can be sentenced to imprisonment for a term which may extend to one month or until payment if sooner made. Hence, it is contended that the order impugned imposing punishment of three months being per se illegal and against the provisions of section 125(3) of Cr .P.C. is liable to be set aside. 4. Having regard to the arguments advanced by the learned counsel for the petitioner, the impugned order has been perused. 5. Certainly, the trial court has passed erroneous order in contravention of the provisions of Section 125(3) of Cr. P.C. It cannot passed the order of imprisonment for such default beyond the term fixed under the provision. In that view of the matter, the order dated 29/4/14 is hereby quashed. The trial court is directed to issue order of release forthwith in favour of the petitioner-Bhogiram. 6. Accordingly, the petition stands allowed. 7. Certified copy of this order be faxed to the concerned trial court and a hard copy may be forwarded through a special messenger to ensure at once compliance. 8. It is relevant to mention here that in the light of Chapter 2 of Rule 19 of sub-clause (2) of the High Court of Madhya Pradesh Rules, 2008, only a revision under section 19(4) of the Family Courts, Act 1984 against the order passed by the Family Court is maintainable, hence, the registry is directed to treat this petition as a Criminal Revision preferred under Section 19(4) of the said Act and register the same to its number after deleting the number of present petition.