Shahada Khatoon And Others Vs. Amjad Ali And Others On 07 April, 1999

Q: Q. What are the equivalent citations for Shahada Khatoon and Others vs Amjad Ali and Others ?

The equivalence citation are(1999) 5 SCC 672 ; 1999 (3) MHLJ 290 ; 1 (2000) DMC 313 ; 1999 CRILJ 5060 ; 2000 (1) ALD (CRL) 305 ; 2000 (2) MPHT 1 ; JT 1999 (10) SC 260 ; 1999 (2) MPLJ 448 ; 2000 (1) KLT 696 (SC) ; LQ/SC/1999/374 ;

Q: Q. What was the bench assigned for the case Shahada Khatoon and Others vs Amjad Ali and Others?

HONBLE JUSTICE G.B. PATTANAIK, HONBLE JUSTICE M.B. SHAH

Open iDraf

Shahada Khatoon And Others v. Amjad Ali And Others

Shahada Khatoon And Others
v.
Amjad Ali And Others

(Supreme Court Of India)

Criminal Appeal No. 83 of 1996 | 07-04-1999

The short question that arises for consideration is whether the learned Single Judge of the Patna High Court correctly interpreted sub-section (3) of Section 125 of CrPC by directing that the Magistrate can only sentence for a period of one month or until payment, if sooner made. The learned counsel for the appellants contends that the liability of the husband arising out of an order passed under Section 125 to make payment of maintenance is a continuing one and on account of non-payment there has been a breach of the order and therefore the Magistrate would be entitled to impose sentence on such a person continuing him in custody until payment is made. We are unable to accept this contention of the learned counsel for the appellants. 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. In that view of the matter the High Court was fully justified in passing the impugned order and we see no infirmity in the said order to be interfered with by this Court. The appeal accordingly fails and is dismissed.

Advocates List

For

Bench List

HON'BLE JUSTICE G.B. PATTANAIK

HON'BLE JUSTICE M.B. SHAH

Eq Citation

(1999) 5 SCC 672

1999 (3) MHLJ 290

1 (2000) DMC 313

1999 CRILJ 5060

2000 (1) ALD (CRL) 305

2000 (2) MPHT 1

JT 1999 (10) SC 260

1999 (2) MPLJ 448

2000 (1) KLT 696 (SC)

LQ/SC/1999/374

HeadNote

Penal Code, 1860 — Ch. XVI — Ss. 498-A and 323 — Maintenance — Quantum of maintenance — Maintenance — Quantum of maintenance — S. 125 CrPC CrPC, S. 125(3) (Paras 1 to 3)