HC relief to man jailed over unpaid maintenance to wife

Prayagraj: The Allahabad high court has 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.The man-- Tahir alias Babloo—has been lodged in jail since Dec 3, 2025. Granting him relief in an order passed on April 2, Justice Praveen Kumar Giri said there was no requirement for Tahir to furnish a bail bond or sureties as he was confined in civil prison. A civil prison is a facility where individuals are incarcerated for civil matters rather than criminal offences. The civil prisoners may be detained for reasons such as non-payment of maintenance, debts etc. Unlike criminal prisoners, civil prisoners often have certain privileges, such as being allowed their own clothing and personal items and they are typically segregated from criminal offenders. The court directed the registrar (compliance) to communicate this order to the jail authorities for releasing the revisionist immediately. Tahir's wife filed an application seeking recovery of Rs 2,64,000 for unpaid maintenance for 22 months from Nov 2023 to Sept 2025. Subsequently, Tahir was arrested by the police and presented before the court, where he expressed inability to pay the amount citing his poor financial condition. He prayed for the minimum possible sentence. However, the family court sentenced him to a 22-month prison term — one month for each month of default. Tahir challenged the ruling in the high court. His counsel submitted that as per section 125(3) of criminal procedure code (CrPC) if a person fails to make the payment without sufficient cause, the court may send him to civil prison for only one month. It was further contended that for any remaining unpaid amount after the execution of the arrest warrant, the proper recourse is the attachment of property for recovery, not an extended jail term beyond one month. After hearing the submissions, Justice Giri issued notices to Tahir's wife and ordered his immediate release. The matter has been listed for further hearing on May 18.