Supreme Court · 1988 INSC 342 · Decided 3 November 1988

SMT. Kuldip Kaur v. Surinder Singh and ANR.

Court
Supreme Court of India
Citation
1988 INSC 342 · [1988] SUPP. 3 S.C.R. 762
Case number
CRIMINAL APPEAL No. 4/1983
Decided
3 November 1988
Bench
M.P. THAKKAR, S. NATARAJAN (2-judge bench)
Outcome
Case Allowed
Case type
Criminal
Acts & sections cited
CrPC Section 125

Headnote

KULDIP KAUR v. SURINDER SINGH AND ANR. NOVEMBER. 3, 1988 [M.P. THAKKAR AND S. NATARAJAN, JJ.) Code of Criminal Procedure, 197.3-Sections 125 to 128-Distinc­ tion to be made between mode of enforcement and mode of satisfaction of maintenance order-Sentencing the person to jail is ti mode of for failing to pay arrears of maintenance would be tantamount to satisfaction of the order of maintenance even though arrears of main­ tenance allowance remain unrecovered in fact-Held no. Actual pay- D ment must be made for satisfaction of the order. The appellant was awarded maintenance for

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