Man In Continuous Custody Since May 2025 Over Unpaid Maintenance? Allahabad High Court Seeks Family Court's Explanation
Sparsh Upadhyay
2 April 2026 9:09 AM IST
The Allahabad High Court has sought an explanation from the Family Court in Mathura regarding the man's continued imprisonment for failing to pay maintenance. The man has allegedly remained in custody since May 23, 2025.
A bench of Justice Praveen Kumar Giri sought the explanation while hearing a criminal revision petition filed by one Prem Singh, who challenged a January 9, 2026, order passed by the Principal Judge, Family Court, Mathura, in a proceeding under Section 125(3) CrPC.
The revisionist's counsel argued that a person cannot be kept in custody continuously by issuing fresh orders without releasing him from custody.
The Court noted that under Section 125(3) CrPC, the maximum imprisonment for an unpaid maintenance amount after the execution of a warrant may extend to one month.
The counsel relied on the landmark Supreme Court judgment in Rajnesh vs. Neha wherein it was held that a maintenance amount should be recovered as a money suit and for that purpose, his property can be attached.
The Counsel also relied upon Allahabad High Court's recent judgment in Mohammad Shahzad vs. State Of U.P. And 2 Others 2026 LiveLaw (AB) 50 wherein it was stated that regular warrants of arrest cannot be issued for the enforcement of an order of maintenance.
Taking note of these contentions, Justice Giri directed the Principal Judge, Family Court, Mathura to submit an explanation on or before the next date of hearing (April 6, 2026).