The Allahabad High Court has clarified that magistrates cannot issue arrest warrants for non-payment of maintenance without first exhausting recovery methods like attaching the defaulter’s property under Section 421 of CrPC.
The Allahabad High Court ruled that a Magistrate cannot issue an arrest warrant for non-payment of maintenance without first imposing a fine, ensuring compliance with Section 421 of CrPC.
The Delhi High Court has clarified that the Domestic Violence Act aims to uplift victims rather than incarcerate individuals for non-payment of maintenance. The ruling specifies that breaches of monetary relief orders should not lead to criminal proceedings under Section 31.
