Recently, the Allahabad High Court ruled that a Magistrate cannot immediately issue an arrest warrant for non-payment of maintenance without first imposing a fine under Section 421 of the Criminal Procedure Code (CrPC).
In this case, the applicant’s wife, along with a doctor, filed an application under Section 125 of CrPC in Family Court seeking maintenance, which was granted. The husband, being handicapped, was unable to pay the maintenance, and the court issued a recovery warrant demanding he pay Rs 1,65,000 to his wife. When the husband couldn’t pay, he was jailed.
The husband then appealed to the High Court against the Family Court’s decision. The High Court noted that under sub-section 3 of Section 125 CrPC, if a person fails to comply with a maintenance order, the Magistrate can levy a fine.
The court clarified that a Magistrate cannot issue an arrest warrant directly without first attempting to recover the maintenance amount through methods outlined in Section 421 CrPC, such as attaching and selling the defaulter’s property.
The Family Court in Kasganj did not follow the established procedure, leading the High Court to set aside the impugned order.
Case: Vipin Kumar vs State of UP & Anr
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