IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1912 of 2008 JAILAL SAH Versus JALASO DEVI ----------- 2 19/11/2008 Heard counsel for the petitioner. While it may be really unfortunate that a man has to be taken into custody on repeated numbers of occasion for ensuring realization of payment of amount of monthly maintenance as fixed and directed by the Court while passing the order under section 125 of the Code of Criminal Procedure, but then both rigour and mandate of law as also life of a dependant wife would brook no sympathy in such coercive action against a defiant husband refusing to obey the command of law and the court. Judging from that angle every attack of the petitioner against the impugned order must be and is hereby rejected. The petitioner by an order dated 7.5.2005 being husband has been directed to pay a sum of Rs. 600/- per month by way of maintenance under section 125 of the Code of Criminal Procedure, but the petitioner has not paid single paise till 2 date despite being taken into custody on two occasion. Ultimately good sense has been prevailed on the petitioner and his family members to pay the amount of maintenance in terms of the order dated 7.5.2005 and infact an undertaking has been given by the petitioner before this Court through his counsel that a sum of Rs. 600/- will be paid within a period of one week from the date of receipt/production of a copy of this order and the arrears and current amount @ Rs. 1200/- per month would also be paid from the month of January 2009. Thus in view of the aforesaid undertaking this Court would direct that in the event an amount of Rs.600/- is deposited before the court below the petitioner will be released forthwith from custody. It is, however, made clear that this amount of Rs.600/- is only for securing release of the petitioner from the custody and in fact the petitioner will not avoid to pay a sum of Rs. 1200/- from the month of January, 2009, Rs. 600/- towards current liability and another 3 Rs.600/- towards arrears till its liquidation. The petitioner, on failure of either of the aforesaid payment in any month shall be immediately taken into custody. With the aforementioned observation and direction this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar