MAX 1month arrest Sec125 default ! still, poor hubby in cooler for 3.5 yrs, finally rescued by HC !!

MAX 1 month arrest for Sec 125 default !! Case of poor hubby in cooler for 3.5 years !!!

“…The petitioner- husband had been arrested on 7.8.1995 in execution of warrant of arrest issued on 1.8.1995 by the Judicial Magistrate for default in payment of maintenance amount and its’ arrears. Since then, after every 14 days he was being remanded to judicial custody and continuously for three and half years he was in custody. ……”

Finally matter reached the Honble Patna High court which decided as follows “………Since the condition for keeping in custody as provided under Sub-section (3) of Section 125 Cr.P.C. has not been observed by the principle Judge, Family Court, the detention of petitioner beyond one month’s period cannot be held to be legal…..”
*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE
******************************************************************

IN THE HIGH COURT OF JUDICATURE AT PATNA

CR. WJC No.810 of 2010

http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

MANOJ KUMAR PATEL @ MANOJ PATEL SON OF JOKHI PATEL, RESIDENT OF MOHALLA NONIA TOLA, CHAKKI PAKRI, P.S. SHIKARPUR, DISTRICT-WEST CHAMPARAN, BETTIAH

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s