2000 1 Crimes(SC) 12 ; 1999 SCC(Cri) 1029 ; 1999 9 Supreme 396
2000(1) Crimes 12 (SC)
Supreme Court of India
G.B. Pattanaik and M.B. Shah, JJ.
Shahada Khatoon and Others —Appellants
versus
Amjad Ali and Others —Respondents
Criminal Appeal No. 83 of 1996
Decided on 7-4-1999
Very Important point
Under Section 125 of Cr. P.C. the Magistrate cannot impose sentence continuing a person, not complying with order of maintenance, in custody until payment is made; Magistrate can impose a sentence which may not extend for more than one month.
Act Referred :CRIMINAL PROCEDURE CODE : S.125(3)
Code of Criminal Procedure, 1973 — Section 125(3) — Maintenance—Failure to comply with order —Power of Magistrate to impose punishment—Magistrate cannot impose sentence for more than one month—After expiry of one month, on fresh application alleging non-compliance Magistrate may impose sentence.
Held : The language of sub-section (3) of Section 125 is quite clear and it circumscribes the power of the Magistrate to impose imprisonment for a term which may extend to one month or until the payment, if sooner made. This power of the Magistrate cannot be enlarged and therefore the only remedy would be after expiry of one month for breach or non-compliance with the order of the Magistrate the wife can approach the Magistrate again for similar relief. By no stretch of imagination can the Magistrate be permitted to impose sentence for more than one month. The Magistrate would not be entitled to impose sentence on such a person continuing him in custody until payment is made. (Para 1)
Result : Appeal dismissed.
Held : The language of sub-section (3) of Section 125 is quite clear and it circumscribes the power of the Magistrate to impose imprisonment for a term which may extend to one month or until the payment, if sooner made. This power of the Magistrate cannot be enlarged and therefore the only remedy would be after expiry of one month for breach or non-compliance with the order of the Magistrate the wife can approach the Magistrate again for similar relief. By no stretch of imagination can the Magistrate be permitted to impose sentence for more than one month. The Magistrate would not be entitled to impose sentence on such a person continuing him in custody until payment is made. (Para 1)
Result : Appeal dismissed.