MP High Court Says Maintenance Recovery Cannot Become Endless Jail Term

The Madhya Pradesh High Court has ruled that imprisonment in maintenance recovery proceedings cannot be turned into indefinite punishment, while ordering the release of a man who had spent over five months in jail for unpaid maintenance dues.

Justice Himanshu Joshi passed the order in the case of Laxmikant Soni v. Smt Radha and Others. The petitioner had challenged orders of the trial court and revisional court refusing to release him from custody in proceedings arising from a maintenance order passed under Section 125 CrPC.

The Court observed that imprisonment in such cases is meant only as a coercive method to secure payment and not as a form of punitive detention. It noted that once detention stops serving the purpose of compelling compliance and instead becomes indefinite confinement, it goes beyond the legal framework.

The petitioner argued that he was a labourer and sole earning member of his family and that prolonged incarceration had made it impossible for him to earn money to clear the arrears. The Court also took note of his medical condition and the fact that he had already deposited Rs.20,000 towards maintenance liabilities.

While recognising the legal rights of the wife and children to receive maintenance, the High Court held that constitutional protections under Article 21 and principles of fairness must also be considered. The Court directed the petitioner’s release subject to conditions, including deposit of Rs.25,000 and regular future payment of maintenance.