Ashok Kashyap vs Smt. Manbhar and Others

Guman Singh, J.—Heard learned counsel for the petitioner.

Learned counsel for the petitioner has challenged the order dated 28.05.2007 passed by the learned Judge, Family Court, Kota whereby the learned Judge has imposed the imprisonment for a period of 660 days on account of non-payment of maintenance amount Rs.66500/- by the petitioner in Case No.809/98. Learned counsel submits that the order of the learned Judge, Family Court is against the law as Section 125(3) Cr.PC. provides that the Magistrate is empowered to impose the imprisonment for a term which may extend to one month only and in no case it can extend the said period. Learned counsel has placed reliance in Shahada Khatoon and Others Vs. Amjad Ali and Others, as well as in the judgment of co-ordinate Bench of this Court in Keshav Dev and Others Vs. The State of Rajasthan, .

In view of the above legal position, the order of the learned Judge, Family Court, Kota passing sentence for more than one month is patently illegal and cannot be sustained and, therefore, the impugned order of the learned Family Court, Kota dated 28.05.2007 passed in Case No.809/98, Manbhar Vs. Ashok is liable to be quashed.

Consequently, this petition is partly allowed and the impugned order dated 28.05.2007 passed by the learned Judge, Family Court, Kota imposing sentence of imprisonment for more than one month is set aside. The impugned order stands modified accordingly.