HC orders immediate release ofman jailed over unpaid maintenance
PRAYAGRAJ, April 4 -- The Allahabad high court has ordered immediate release of a man sentenced to 22 months' jail by the family court in Jhansi for failing to pay maintenance to his wife as per the court's order.
The husband-Tahir alias Babloo-had been in jail since December 3, 2025 following the execution of an arrest warrant. Justice Praveen Kumar Giri in an order dated April 2 granted him relief, noting that there is no need to furnish a bail bond or sureties as he is in civil prison.
The court directed the registrar (compliance) to communicate this order to the jail authorities for releasing the revisionist immediately.
Tahir's wife filed an application seeking recovery of Rs 2,64,000 as unpaid maintenance for 22 months from November 2023 to September 2025.
Subsequently, the husband was arrested by the Jalaun police and presented before the court where he refused to deposit the money. He pleaded that he is a poor person unable to pay the amount and thus prayed for the minimum possible sentence.
However, the family court sentenced him to a 22-month prison term as it concluded that it was not necessary to file separate applications for each month of default.
It opined that even on a consolidated application for arrears, a court can pass a sentence of one month for every month of default. Consequently, the family court sentenced Tahir to 22 months in jail.
Hence, he moved the high court challenging the order passed by the family court.
During the court proceedings, his counsel submitted that as per section 125(3) of the Criminal Procedure Code (CrPC) if a person fails to make the payment without sufficient cause, the court may send him to civil prison for only one month.
It was further contended that for any remaining unpaid amount after the execution of the warrant, the proper recourse is the attachment of property for recovery, not an extended jail term beyond one month.
Having heard the plea, Justice Giri issued notice to Tahir's wife and ordered the immediate release of the husband. The matter will be heard next on May 18....
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