The Himachal Pradesh High Court has said a magistrate can award consecutive periods of civil imprisonment beyond one month for repeated maintenance default cases under Section 125(3) Cr.P.C. The court said this reinforces the continuing responsibility of a defaulter.
The judgment was announced by Justice Sandeep Sharma on May 14. He dismissed a plea filed by Ram Lal, who had challenged trial court orders that awarded him a total of 70 days of civil imprisonment for not paying maintenance to his wife and minor daughters.
The trial court had given separate and consecutive sentences of 30 days, 15 days and 25 days. These were linked to different periods of default in maintenance payments.
The petitioner, who is a labourer, argued that under Section 125(3) Cr.P.C., imprisonment for non-payment of maintenance cannot exceed one month in total, no matter how many defaults occur. He relied on the Supreme Court ruling in Shahada Khatoon vs. Amjad Ali to support his claim.
The High Court examined several Supreme Court judgments, including Kuldip Kaur vs. Surinder Singh and Poongodi vs. Thangavel. It noted that Section 125 Cr.P.C. is a welfare provision meant to protect neglected wives and children.
The court held that imprisonment under Section 125(3) is only a method to enforce payment and does not end the liability to pay maintenance. It also said maintenance is a monthly and recurring duty, and a magistrate can order up to one month’s imprisonment for each month of default.
The court further said that claimants do not need to file separate cases for each missed payment. They can seek recovery of total arrears through one combined application covering multiple months.
The court observed that if arrears cover more than one month, imprisonment beyond a single month can be imposed. It made this clear while interpreting the law.
Finding no illegality in the trial court’s orders, the High Court noted that the petitioner had failed to clear arrears despite several opportunities and an earlier promise to pay. The petition was dismissed, and interim relief was also cancelled.
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