.../2016 (Heena Bano & others Vs Raheel @ Habeeb) whereby Learned Court below allowed the application of respondents submitted under Section 125(3) Cr.P.C and awarded ...submits that once Learned Family Court decided the application under Section 125(3) Cr.P.C. and awarded sentence for civil imprisonment for one month for default period from...for payment for 16 months maintenance amount and Learned Court below awarded sentence for only one month which was rightly enhanced. As per Section 125(3) Cr.P.C. Court should have punish...

.... This application is filed for parole leave who is undergoing sentence under the provisions of Section 125(3) of the Cr.P.C. for 105 days, out of which the applicant has undergone 2 months and 7 days...125(3) of Cr.P.C., the present application is partly allowed. The applicant - Kamleshkumar Page 1 of 2 Pravinchandra...still has to complete certain after death rituals. 3. Considering the fact that the applicant has undergone 2 months out of 105 days in connection with the sentence under Section...

...straight away to refer to Section 125(3) Cr.P.C which I extract below;“If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, fo...refusal to live with him”,(emphasis supplied)6. Section 125(3) Cr.P.C confers on the court the power to “sentence a person to imprisonment” for...Section 125(3) Cr.J.P.C only as a mode, of enforcement of the direction to pay the amount of maintenance and not as a punishment The default sentence under Section 125(...

...Section 125(3) Cr.P.C. Counsel further submits that the sentence of the petitioner may be suspended and he may be released on bail so that he can deposit the rest of the amount before...deposited on behalf of the petitioner before the trial court on 20.08.2018, I deem it just and proper to suspend the sentence awarded by the (2 of 2) [CRLR-743/2018] trial court subject to the contition...that the petitioner will deposit the rest of the amount before the trial court within a period of two months from the date of his release. Accordingly, it is ordered that sentence...

...Section 125(3) Cr.P.C. Counsel further submits that the sentence of the petitioner may be suspended and he may be released on bail so that he can deposit the rest of the amount before...deposited on behalf of the petitioner before the trial court on 20.08.2018, I deem it just and proper to suspend the sentence awarded by the (2 of 2) [CRLR-743/2018] trial court subject to the contition...that the petitioner will deposit the rest of the amount before the trial court within a period of two months from the date of his release. Accordingly, it is ordered that sentence...

...amount of maintenance despite order under Section 125 Cr.P.CLearned counsel for petitioner submits that as per Section 125(3) Cr.P.C, maximum period of ...be for a period of more than one month in ignorance of sub-section (3) of Section 125 Cr.P.C The issue aforesaid was considered and decided by the Apex Court in the case of...petitioner for a period of one month as provided under Section 125(3) Cr.P.C however with liberty as given.With the aforesaid, criminal misc. petition is disposed of. Record be sent...

...amount of maintenance despite order under Section 125 Cr.P.CLearned counsel for petitioner submits that as per Section 125(3) Cr.P.C, maximum period of ...be for a period of more than one month in ignorance of sub-section (3) of Section 125 Cr.P.C The issue aforesaid was considered and decided by the Apex Court in the case of...petitioner for a period of one month as provided under Section 125(3) Cr.P.C however with liberty as given.With the aforesaid, criminal misc. petition is disposed of....

...sub-section (3) of Section 125 Cr.P.C. for recovery of arrears of maintenance to the tune of Rs.92,250/-, the learned Court below has handed down sentence of six months simple...sub-section (3) of Section 125 Cr.P.C. for recovery of maintenance of arrears to the tune of Rs.20,250/-, has handed down sentence of three months simple imprisonment to the...seriously erred in construing sub-section (3) of Section 125 Cr.P.C. Learned counsel further submits that under sub-section (3) of Section 125 Cr.P.C.,...

...these Revisions on the ground that the order passed by the learned Special Judge, Family Court, is against law and against the specific provision under Section 125 (3) of Cr.P.C. 4...Judge of the Patna High Court correctly interpreted sub-section (3) of Section 125 of Cr.P.C by directing that the Magistrate can only sentence for a period of one month or.... It is pertinent to note Section 125 (3) Cr.P.C. which reads hereunder : 125. Order for maintenance of wives, children and parents - (3) If any...

...interpreted sub-section (3) of Section 125 of Cr.P.C. by directing that the Magistrate can only sentence for a period of one month or until payment, if sooner made. The learned...made by a learned single Judge of this Court as he found cleavage of opinion with regard to interpretation of sub-section (3) of Section 125 of the Code of Criminal Procedure (for short..."the Code"). The short question is as to what is the period for which a person can be detained in terms of Section 125 (3) of the Code if he fails to pay the...

...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...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..., 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...

.... Section 125(3) Cr.P.C. provides that the Magistrate may issue a warrant for levying the amount of maintenance due as provided for levying fines if the person fails to comply the order of the Mag...the Court were to be satisfied on the facts of that case that such an exercise would be futile. The purpose for which sentence has been prescribed under Section 125(3) Cr.P.C. is not a ...the wife and the opposite parties nos. 2 and 3 are the daughters of the petitioner and the opposite party no.1. The learned J.M.F.C, Soro adjudicated the 125 Cr.P.C. application...

...been convicted for the offences punishable under Sections 125(3) of the Cr.P.C. and nonpayment of maintenance and in default, he has to undergo sentence of 975 days simple...petitioner has prayed to release him on parole leave of after death ceremony of his mother. 3. I have gone through the jail record of the convict. It appears that the petitioner has...

...arising out of Section 125(3) of Cr.P.C., failing which, he has to undergo sentence of 1560 days. It transpires from the jail remarks that applicant-convict has undergone sentence of 1 year, 2 months and...this application, the applicant-convict has submitted that his family consists of aged mother and there is no source of income in the family for survival. 3. Learned APP Mr. K.M...

....7. In this context, it is profitable to extract the provisions of Section 125(3) Cr.P.C, which is extracted hereunder:“125. (1)….(3)...is clear from the wordings of sub clause (3) of Section 125 Cr.P.C that the sentence can be imposed only for the amount remaining unpaid after the execution of the warrant...impose sentence for more than one month under Section 125(3) Cr.P.C Since the court below had awarded the jail term for one year, the order impugned cannot be legal and...

...Cr.P.C It is argued by learned counsel that looking to the short sentence and the fact that final adjudication of revision petition is likely to take considerable time, the application for suspension of sentence ma...P.K Lohra, J.:— Heard on application for suspension of sentence.2. It is submitted by learned counsel that for non-compliance of the order of maintenance, petitioner has...already undergone one month's imprisonment, and therefore, his further detention is dehors the law. Learned counsel, in this behalf, has referred to sub-section (3) of Section 125...

...respondents submitted that a sentence in terms of the provisions under section 125(3) Cr.P.C for a term exceeding even one year is possible in view of the decision of this...an order of sentence of imprisonment is to be passed under section 125(3) of Cr.P.C it is incumbent on the court to pass a reasoned order. This is because such an order is..., this Court held that in awarding a punishment for committing default in complying with the order of maintenance under section 125(3) Cr.P.C the court has to exercise its...

...for preferring the appeal against the order of conviction under section 125(3) Cr.P.C. 3. This Court has gone through the jail record of the petitioner-convict. It appears that he has been convicted for the offences punishable under section 125(3) Cr.P.C and has been sentenced 360 days imprisonment along Page 1 of 2 with fine of Rs. 84,000/-. He has undergone sentence of...

...Section 125(3) Cr.P.C and Section 3(4) of the Muslim Women (Protection of Rights on Divorce) Act in this context relevant. A default sentence under Section ...Court in that case was considering a direction to undergo default sentence under Section 125(3) Cr.P.C and the question was whether such sentence would wipe off the...specifically declares that such a default sentence can be imposed. Section 357(3) Cr.P.C only directs that when a court imposes a sentence of which fine does not form a part...

...provision and further submitted that every breach of the maintenance order requires punishment from the Court. 8. Keeping in view the provision of Section 125(3) of Cr.P.C. to the submission ...month's default. 10. Section 125(3) of Cr.P.C.), reads as under :- (3) If any person so ordered fails without sufficient cause to comply with the order...monthly maintenance of Rs.7,000/-. The Recovery Petition was filed for the arrears of ten months. In view of the provisions under Section 125(3) of Page 6 of 26 ...