Court affirms Section 125(3) Cr.P.C. limits, directs immediate release without bail bond or surety.
In a significant development, the Allahabad High Court has ordered the immediate release of Tahir @ Babloo from civil prison, where he was held due to non-payment of maintenance. The decision, delivered by Justice Praveen Kumar Giri, underscores the legal limitations set by Section 125(3) of the Criminal Procedure Code (Cr.P.C.), which stipulates that imprisonment for non-payment of maintenance cannot exceed one month.
The judgment came in response to a criminal revision petition filed by Tahir @ Babloo, who was arrested on December 3, 2025, following a recovery warrant issued in a maintenance case filed by Smt. Afreen @ Chandani. The case had been pending in the Family Court, Jhansi, under Section 128 Cr.P.C. The Court noted that the imprisonment period for non-payment should not exceed one month, and further recovery should involve the attachment of the defaulter's property.
The High Court further directed that Tahir @ Babloo should be released without the need for furnishing a bail bond or surety, given his status in civil prison. The Registrar (Compliance) and the Principal Judge, Family Court, Jhansi, have been instructed to ensure his immediate release and communicate the order to the relevant jail authorities.
Justice Giri emphasized that the execution of the order should not be delayed for obtaining a certified copy, and a photocopy or online verification from the Court's official website would suffice for the release process. This directive aims to expedite the release and uphold the provisions of the law regarding civil imprisonment for maintenance defaulters.
The Court has listed the case for further proceedings on May 18, 2026, to monitor compliance and any subsequent legal developments.
Bottom Line:
Under Section 125(3) Cr.P.C., a person who fails to comply with a maintenance order may be sent to civil prison for a term that may extend to one month or until payment is made sooner. Further, for non-payment of maintenance, imprisonment cannot exceed one month, and subsequent recovery should involve attachment of property.
Statutory provision(s): Section 125(3) Cr.P.C., Section 128 Cr.P.C.
Tahir @ Babloo v. State of U.P., (Allahabad) : Law Finder Doc id # 2877217
