Paridhi Arya
Published on April 22, 2022 at 14:06 IST
Single Judge Bench of Allahabad High Court has passed the Order that in default of Payment of Maintenance firstly Court will have to issue warrant for levying a fine under Section 421 of Code of Criminal Procedure.
The wife of the Applicant had filed an application under Section 125 of Criminal Procedure Code for Maintenance and Family Court has allowed the same.
The Court issued the Recovery Warrant against the husband of Rs 1,65,000 but husband being handicapped unable to pay it so he was sent to Jail for it.
The Appeal was filed by the husband in the High Court against the Impugned Order of Family Court, Kasganj.
The High Court observed sub-Section 3 of Section 125 Criminal Procedure Code that the Magistrate will Levy a Fine against the person who made default in Payment of Maintenance.
The Court noted that the Court first attempt to recover the cost of Maintenance from the person made default either by sale of his property or attaching his property under Section 421 Criminal Procedure Code no Court has no Right to Issue Arrest Warrant without doing so.
So the High Court set aside the order of arrest of Family Court.