Allahabad High Court: No Immediate Arrest Warrant for Non-Payment of Maintenance
The Allahabad High Court recently ruled that magistrates cannot directly issue arrest warrants against individuals who fail to pay maintenance. This must be preceded by efforts to recover the amount, as per Section 421 of the Code of Criminal Procedure (CrPC).
Case Overview
In this case, the applicant’s wife filed for maintenance under Section 125 of CrPC, which was granted by the Family Court. However, the husband, who was physically handicapped, could not pay the ordered sum of ₹1,65,000. The court issued a recovery warrant, but when the husband failed to comply, he was sent to jail.
Challenging this, the husband approached the High Court.
Court’s Findings
The High Court clarified that under Section 125(3) of CrPC, if a person defaults on a maintenance order, the magistrate must first levy a fine. Recovery measures, such as attaching and selling the defaulter’s property under Section 421 of CrPC, must be attempted before any arrest warrant can be issued.
The court observed that the Family Court in Kasganj had bypassed these steps, leading to an improper order. Consequently, the High Court set aside the lower court’s ruling.
Key Takeaway
The judgment emphasizes that courts must adhere to established legal procedures when dealing with non-payment of maintenance. Arrest should be a last resort, not a first step.
Conclusion
This ruling ensures fair treatment of defaulters while safeguarding the rights of those entitled to maintenance. It reinforces the need for courts to follow due process before taking stringent actions like issuing arrest warrants.
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