Landmark Judgment on Compulsory Maintenance, CrPC 125 Amaresh Patel LANDMARK JUDGMENT Sun, Sep 01, 2019, at ,02:39 PM Title of the Case – He may Beg, Borrow or Steal but His Foremost Duty is to Pay Maintenance: Read Judgment Name of the case – Rajesh vs. Sunita and ors, CRR (F) – 123-2015 (O&M) (Punjab & Haryana High Court) Date of Judgment – 05th Sept. 2018 Judges: Justice H.S. Madaan Subject and sections involved – Section 125 of the Criminal Procedure Code, 1973. Issue: Whether civil imprisonment for twelve months on account of non-payment of arrears of maintenance allowance is maintainable? Fact of the Case: Mr. Rajesh submits that in each months of default, he is liable to undergo civil imprisonment for one month only. While in contrary to which, he was to undergo imprisonment of 12 months on account of non-payment of arrears of maintenance allowance amounting to 91,000 INR to his wife. Ratio of the case - The single bench of Punjab and Haryana High Court relying on the Supreme Court judgment in Shantha v. B.G. Shivnanjappa, 2005 (2) RCR (criminal) 796, observed that it must be borne in mind that section 125 of the Criminal Procedure Code is a measure of social legislation and it has to be construed liberally for the welfare and benefit of the wife and daughter. The arrears of maintenance which is payable to the respondents is for about 45 months. Sentencing a person to jail is a 'mode of enforcement'. It is not a 'mode of satisfaction' of the liability. The liability can be satisfied only by making actual payment of the arrears. The whole purpose of sending to jail is to oblige a person liable to pay the monthly allowance, who refuses to comply with the order without sufficient cause, to obey the order and to make the payment. The purpose of sending him to jail is not to wipe out the liability which he has refused to discharge. Monthly allowance is paid in order to enable the wife and child to live by providing with the essential economic necessities. Neither the neglected wife nor the neglected child can live without funds for purchasing food and the essential articles to enable them to survive. The first and foremost duty of the husband is to maintain the wife and the child. He may beg, borrow or steal. Further, it was held that the respondent has been sentenced to undergo imprisonment for a period of twelve months from 27.2.2013 on account of failure to pay the arrears of maintenance of Rs.3,30,000/- for the period from 19.5.2009 to 19.1.2013, which is a just and appropriate order, in default to pay the maintenance allowance. In other words, it is open for the court to award a sentence up to a maximum of one month for each month of default committed by the person ordered to pay maintenance and the maximum limit of sentence of one month referred to in subsection (3) of section 125 of the Code will be applicable for each month of default.