How Much Jail time I have to spend if I do not pay maintenance to wife under section 125 Crpc

Default of 125 Cr PC order is viewed seriously by the courts and the amount of coercive action in case of default varies from case to case.

Under section 125(4) the court can take coercive action for enforcing execution of the maintenance order.

The maintenance order can be enforced in two ways by warrant of attachment wherein the assets of the petitioner are attached and amount of arrears are recovered and another way is by warrant of arrest where real jail time the husband has to suffer in case of default.

Now how much jail time he has to go?

The answer to this is maximum of 30 days per application

In Judgement of Ramdhani Sah vs The State Of Jharkhand on 22 June, 2016

It therefore appears that the maximum period for which a person against whom the realisation of arrears of maintenance amount is due, has been taken into custody can be for a period of one month and not beyond that and it can be less than one month if the payment is made prior to the completion of one month in custody. In the case of “Laljee Yadav” (supra) while considering Sub-section 3 of Section 125 of Cr.P.C., it has been held as follows:

31. “Here, we may like to point out another aspect of the matter. As seen above, the maintenance is to be fixed on monthly basis. The sentence has, accordingly, been limited to a month maximum for each breach. Thus, as noticed by the Apex Court in the abovereferred to cases, there has to be separate sentencing upon separate and fresh application after considering the matter for each month or part thereof for which maintenance remains unpaid. Thus, by no stretch of imagination, can there be a continuous mechanical remand as in the present case.”

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