Prayagraj (UP), April 3 The Allahabad High Court has directed the immediate release of a man who was sentenced to 22 months in a civil prison by a family court in Jhansi for failing to pay maintenance to his wife as per the court's order.
The husband, Tahir alias Babloo, had been in jail since December 3, following the execution of an arrest warrant.
In an order passed on April 2 directing his release, Justice Praveen Kumar Giri said that there was no need to furnish a bail bond or sureties since he was in a civil prison.
The court also directed the registrar (compliance) of the high court to communicate this order to the jail authorities for an immediate release.
According to the facts of the case, Tahir's wife had filed an application seeking recovery of Rs 2,64,000 for 22 months' unpaid maintenance. Subsequently, the husband was arrested by the Jalaun police and presented before the court, where he showed his helplessness in depositing the money.
He pleaded that he was a poor person unable to pay the amount and thus prayed for the minimum possible sentence.
However, the family court sentenced him to a 22-month prison term – corresponding to the 22 months' unpaid maintenance. It concluded that it was not necessary to file separate applications for each month of defaulting.
It opined that even on a consolidated application for arrears, a court can pass a sentence of one month for every month of default.
Tahir moved the high court challenging the family court order. His counsel submitted during proceedings that, as per Section 125(3) of CrPC, if a person fails to make the payment without sufficient cause, the court may send him to civil prison for only one month.
It was further contended that for any remaining unpaid amount after the execution of the warrant, the proper recourse is the attachment of property for recovery, not an extended jail term beyond one month.
After hearing the counsel, the court issued notice to Tahir's wife and ordered the immediate release of the husband. The matter will be heard next on May 18.