Allahabad High Court Orders Immediate Release Of Husband Sentenced To 22 Months In Prison Over Unpaid Maintenance
Sparsh Upadhyay
3 April 2026 2:31 PM IST
The Allahabad High Court on Thursday ordered the immediate release of a man sentenced to 22 months in civil prison by the Family Court in Jhansi for failing to pay maintenance to his wife as per the court's order.
The revisionist-husband (Tahir alias Babloo) had been in jail since December 3, 2025, following the execution of an arrest warrant.
A bench of Justice Praveen Kumar Giri granted him relief, noting that there is no need to furnish a bail bond or sureties, as he is in civil prison.
The single judge directed the Registrar (Compliance) to communicate this order to the Jail Authorities for releasing the revisionist immediately.
Briefly, the revisionist's wife filed an application seeking recovery of Rs 2,64,000 for unpaid maintenance for 22 months from November 2023 to September 2025.
Subsequently, the husband was arrested by the Jalaun police and presented before the court, where he refused to deposit the money. He pleaded that he is a poor person unable to pay the amount and thus, prayed for the minimum possible sentence.
However, the Family Court sentenced him to a 22-month prison term as it concluded that it was not necessary to file separate applications for each month of default.
It opined that even on a consolidated application for arrears, a court can pass a sentence of one month for every month of default. Consequently, the Family Court sentenced Tahir to 22 months in jail.
Hence, he moved the HC challenging the order passed by the family court. His counsel submitted that, as per Section 125(3) CrPC, if a person fails to make the payment without sufficient cause, the court may send him to civil prison for only 1 month.
It was further contended that for any remaining unpaid amount after the execution of the warrant, the proper recourse is the attachment of property for recovery, not an extended jail term beyond 1 month.
Hearing the plea, Justice Giri issued notices to the opposite parties and ordered the immediate release of the revisionist-husband.
The matter will be heard next on May 18.
Recently, the Allahabad High Court, in a different case, 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.