SMT. KULDIP KAUR versus SURINDER SINGH AND ANR.

SMT. KULDIP KAUR versus SURINDER SINGH AND ANR.

Imprisonment of the husband for non-payment of maintenance is a mode of enforcement and does not discharge his liability to pay arrears. Actual payment is required to satisfy the maintenance order. The liability remains until the amount is recovered.

Parties
Appellant: SMT. Kuldip Kaur; Respondent: Surinder Singh; Respondent: K.B. Chatterjee
Jurisdiction
India
Judgment Date
03 November 1988
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court's Summary Rejection of Revisional Application
Outcome
appeal allowed
Legal Topics
Maintenance, Enforcement of Maintenance Orders, Execution Proceedings, Liability Discharge
Criminal Law Family Law Maintenance Enforcement of Maintenance Orders Execution Proceedings Liability Discharge

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Parties

SMT. Kuldip Kaur

Appellant

Surinder Singh

Respondent

K.B. Chatterjee

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court's Summary Rejection of Revisional Application

Legal Issues

  1. 1 Whether sentencing a husband to jail for non-payment of maintenance constitutes satisfaction of the maintenance order under Section 125 of the Code of Criminal Procedure
  2. 2 Whether actual payment is required to discharge the liability for arrears of maintenance

Ratio Decidendi

Imprisonment of the husband for non-payment of maintenance is a mode of enforcement and does not discharge his liability to pay arrears. Actual payment is required to satisfy the maintenance order. The liability remains until the amount is recovered.

Court Disposition

appeal allowed

Orders

  • The order of the Magistrate confirmed by the High Court is set aside; respondent husband's liability remains and is not discharged by jail sentence.
  • Future payments of Rs. 200 per month for the wife and Rs. 75 for the child to be made commencing from August 15, 1986.