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Man Freed from Civil Prison After Maintenance Dispute
4 Apr
Summary
- Allahabad High Court ordered immediate release of a man from civil prison.
- The man was jailed for 22 months for failing to pay maintenance to his wife.
- High court cited insufficient grounds for extended civil imprisonment.
The Allahabad High Court recently ordered the immediate release of a man from civil prison, ending a 22-month incarceration. Tahir alias Babloo had been jailed in Jhansi for defaulting on maintenance payments to his wife. The order, issued by Justice Praveen Kumar Giri on April 2, stipulated that no bail bond was necessary for his release from civil custody.
Tahir's wife had sought recovery of ₹2,64,000 for 22 months of unpaid maintenance. When arrested, Tahir cited financial hardship, pleading inability to pay and requesting a minimal sentence. However, the family court sentenced him to 22 months, equating one month of jail to one month of defaulted maintenance.
Challenging this, Tahir's legal team argued that Section 125(3) of the CrPC limits civil imprisonment for such defaults to one month. They contended that further recovery should involve property attachment rather than extended jail terms. Following these arguments, the high court issued notice to the wife and mandated Tahir's immediate release. The case is set for a new hearing on May 18.
