Case Note & Summary
The case arises from a Criminal Revision Application filed by the husband against an order passed in PER No. 444/2004 by the Family Court No. 1, Pune. The respondent wife had filed the PER for recovery of arrears of maintenance for a period of 16 months at the rate of Rs. 1,500 per month for herself and her minor daughter Darshana, totaling Rs. 24,000. The maintenance was originally fixed in Petition No. 27/2003 under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). Since the husband failed to pay the arrears, a warrant was issued. The husband appeared before the Family Court and expressed his inability to pay any amount and showed willingness to suffer imprisonment. The Family Court found no plausible cause for non-payment and, having no alternative, passed an order of sentence. The husband challenged this order by way of revision. The High Court, after hearing the parties, noted that the husband had not placed any material to justify non-payment and had voluntarily expressed willingness to go to jail. The court held that in such circumstances, the Family Court was left with no option but to sentence him. The revision application was dismissed, and the order of the Family Court was upheld.
Headnote
A) Criminal Procedure Code - Maintenance - Recovery of Arrears - Section 125, 128 CrPC - Sentencing for Non-Payment - The husband failed to pay maintenance arrears of Rs. 24,000 for 16 months despite an order under Section 125 CrPC. He expressed inability to pay and willingness to suffer imprisonment. The Family Court sentenced him to imprisonment. The High Court held that when the husband shows no plausible cause for non-payment and expresses willingness to suffer imprisonment, the court has no alternative but to order sentence. The revision was dismissed. (Paras 1-3)
Issue of Consideration
Whether the Family Court was justified in sentencing the husband to imprisonment for non-payment of maintenance arrears when he expressed inability to pay and willingness to suffer imprisonment.
Final Decision
The Criminal Revision Application is dismissed. The order passed by the Family Court No. 1, Pune, in PER No. 444/2004 is upheld.
Law Points
- Maintenance arrears recovery
- Sentencing for non-payment
- Section 125 CrPC
- Section 128 CrPC
- Willingness to suffer imprisonment
- No plausible cause for non-payment
Case Details
2005 LawText (BOM) (03) 54
Criminal Revision Application No. 50 of 2005 with Cri. Application No. 5682 of 2004
Mrs. Smita R. Kadu-Gawai for the Applicant
Shri Gorakshnath Khandu Bagal
State of Maharashtra, Sau Vaishali Gorakshnath Bagal, Kum. Darshana Gorakshnath Bagal
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Nature of Litigation
Criminal Revision Application against order of Family Court sentencing husband for non-payment of maintenance arrears.
Remedy Sought
The applicant (husband) sought to set aside the order of sentence passed by the Family Court.
Filing Reason
The husband failed to pay maintenance arrears of Rs. 24,000 for 16 months and was sentenced to imprisonment by the Family Court.
Previous Decisions
Family Court No. 1, Pune, in Petition No. 27/2003 under Section 125 CrPC fixed maintenance at Rs. 1,500 per month for wife and minor daughter. Subsequently, in PER No. 444/2004, the Family Court ordered sentence for non-payment of arrears.
Issues
Whether the Family Court was justified in sentencing the husband to imprisonment for non-payment of maintenance arrears when he expressed inability to pay and willingness to suffer imprisonment.
Submissions/Arguments
The applicant (husband) expressed inability to pay the arrears and showed willingness to suffer imprisonment.
The respondent wife sought recovery of arrears of maintenance.
Ratio Decidendi
When a husband fails to pay maintenance arrears under Section 125 CrPC and expresses inability to pay with willingness to suffer imprisonment, and no plausible cause for non-payment is shown, the court has no alternative but to order sentence. The Family Court's order of imprisonment is justified.
Judgment Excerpts
Since there were arrears amounting to Rs. 24,000/- for a period of 16 months, the warrant was issued to the applicant.
The applicant expressed inability to pay any amount and showed willingness to suffer imprisonment.
There was no other alternative left for the Family Court No.1, Pune, but to pass an order of sentence.
Procedural History
The respondent wife filed Petition No. 27/2003 under Section 125 CrPC in Family Court No. 1, Pune, which fixed maintenance at Rs. 1,500 per month. Subsequently, she filed PER No. 444/2004 for recovery of arrears of 16 months (Rs. 24,000). The Family Court issued a warrant, and after the husband expressed inability to pay and willingness to suffer imprisonment, the court sentenced him. The husband filed Criminal Revision Application No. 50 of 2005 in the Bombay High Court challenging the sentence.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125, 128
