Smt. Kuldip Kaur vs. Surinder Singh And Anr. [AIR 1989 SC 232]: Supreme Court of India
Sentencing a person to jail is a “mode of enforcement” and it is not a “mode of satisfaction” of the liability
6. A distinction has to be drawn between a mode of
enforcing recovery on the one hand and effecting actual recovery of the amount
of monthly allowance which has fallen in arrears on the other. Sentencing a
person to jail is a “mode of enforcement”. It is not a “mode of
satisfaction” of the liability. The liability can be satisfied only by
making actual payment of the arrears. The whole purpose of sending to jail is
to oblige a person liable to pay the monthly allowance who refuses to comply
with the order without sufficient cause, to obey the order and to make the
payment. The purpose of sending him to jail is not to wipe out the liability
which he has refused to discharge. Be it also realised that a person ordered to
pay monthly allowance can be sent to jail only if he fails to pay monthly
allowance “without sufficient cause” to comply with the order. It
would indeed be strange to hold that a person who “without reasonable
cause” refuses to comply with the order of the court to maintain his
neglected wife or child would be absolved of his liability merely because he
prefers to go to jail. A sentence of jail is no substitute for the recovery of
the amount of monthly allowance which has fallen in arrears.