Maintenance enforcement by imprisonment is capped at one month under Section 125(3), with no continued custody for arrears.

Section 125(3) of the Code of Criminal Procedure limits a Magistrate's coercive power for non-payment of maintenance to imprisonment for one month or until payment, whichever is earlier. Continued custody until the full arrears are cleared is not permitted. The Court also noted that, after expiry of the permissible period, the aggrieved wife may seek similar relief again for any further breach of the maintenance order. The operative effect is that maintenance enforcement through imprisonment remains time-bound and cannot extend beyond the statutory maximum.

---

---

Issues: Whether, under Section 125(3) of the Code of Criminal Procedure, 1973, a Magistrate can direct imprisonment for non-payment of maintenance beyond one month or until payment, if sooner made.

Analysis: The statutory language of Section 125(3) was held to be clear and to limit the Magistrate's power to impose imprisonment only up to one month or until payment, whichever is earlier. The Court rejected the contention that non-payment of maintenance permits continued custody until the entire arrears are paid. It was further noted that after expiry of the permissible period, the aggrieved wife may seek similar relief again for further breach of the maintenance order.

Conclusion: A Magistrate cannot impose imprisonment for more than one month under Section 125(3) for non-compliance with a maintenance order.

---