Allahabad high court grants relief to man jailed for 22 months over unpaid maintenance

PRAYAGRAJ: The Allahabad high court has ordered the immediate release of a man who had been sentenced to 22 months in civil prison by a family court in Jhansi for failing to pay maintenance to his wife. The man, Tahir alias Babloo, had been lodged in jail since December 3 following the execution of an arrest warrant. In its April 2 order, Justice Praveen Kumar Giri said there was no requirement for furnishing a bail bond or sureties as the man was in civil prison. The court also directed the registrar (compliance) of the high court to communicate the order to jail authorities to ensure his immediate release. According to the case details, Tahir’s wife had filed an application seeking recovery of Rs 2,64,000 towards 22 months of unpaid maintenance. He was later arrested by Jalaun police and produced before the court, where he expressed his inability to deposit the amount, citing financial hardship. He pleaded that he was a poor person and unable to pay, and sought the minimum possible sentence. However, the family court sentenced him to 22 months in prison — corresponding to the 22 months of unpaid maintenance. It held that separate applications for each month of default were not necessary. The court had opined that even on a consolidated application for arrears, a sentence of one month for every month of default could be imposed. Challenging this order, Tahir approached the high court. His counsel argued that under Section 125(3) of CrPC, if a person fails to make payment without sufficient cause, the court may send him to civil prison for only one month. It was further submitted that for any remaining unpaid amount after execution of the warrant, the appropriate course is attachment of property for recovery, not extending the jail term beyond one month. After hearing the submissions, the high court issued notice to Tahir’s wife and ordered his immediate release. The matter is scheduled to be heard next on May 18.