Gujarat High Court Upholds 660-Day Jail Term for Non-Payment of Maintenance| Section 125 CrPC Enforcement
In a significant judgment strengthening the enforcement of maintenance laws in India, the Gujarat High Court upheld a 660-day prison sentence for a man who failed to pay approximately ₹3.97 lakh in maintenance arrears to his wife and two children. Justice Hasmukh D. Suthar dismissed the husband’s revision plea, ruling that the punishment—calculated as 10 days of simple imprisonment for each month of default—was legally valid and proportionate under Section 125(3) of the Code of Criminal Procedure. The case originated from a 2013 family court order directing monthly maintenance, which the husband ignored for 66 months, prompting recovery proceedings. During the hearing, the husband admitted his liability but claimed he was unwilling and unable to pay due to lack of assets, leading the family court to order judicial custody. Upholding this decision, the High Court emphasized that maintenance is a “social and lawful duty” that cannot be avoided, highlighting that such provisions are meant to prevent destitution and ensure financial dignity for dependents. The court also noted that the applicant had voluntarily surrendered earlier, reinforcing the legality of the lower court’s action. By refusing to interfere with the concurrent findings, the High Court sent a strong message that non-payment of maintenance will attract strict legal consequences, reaffirming that financial support to spouse and children is a binding obligation under Indian law.