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RAJEEV RANJAN PRASAD
Sarfaraz Alam @ Md. Sarfaraz Alam – Appellant
Versus
State of Bihar – Respondent
ORDER
After some arguments, Mr. Nafisuzzoha, learned counsel for the petitioner seeks permission to withdraw this application.
2. Learned counsel for the petitioner, however, has drawn the attention of this Court towards the pitiable condition of the neglected women and children who are not being paid the maintenance allowed to them only in the name of pendency of the revision applications before this Court.
3. Learned counsel submits that since the revision applications are pending here for more than 5-7 years, in most of the cases the husband is not paying the maintenance after filing the revision applications. One more fact which has been brought to the notice of this Court is disturbing the judicial conscience of this Court. It is submitted that in the cases where distress warrants have been issued by the learned Principal Judge of the Family Courts for realisation of the maintenance amount, the distress warrants are not being executed by the local police.
4. Mr. Mukeshwar Dayal, learned APP for the State is present and has submitted to the extent that execution of the distress warrants is definitely the responsibility of the concerned police officers and if it is not being taken c
Point of Law : Family Courts are specifically directed that, execution proceedings shall be kept pending only in cases where this Court specifically granted order of stay and in such cases also, orde....
The court invokes its supervisory jurisdiction under Article 227 to stay coercive execution proceedings until the party is provided with a certified copy of the order, ensuring the right to pursue fu....
The court clarified that while notice is not mandatory before issuing a distress warrant for maintenance recovery, it may be necessary to determine if non-compliance was without sufficient cause.
The enforceability of settlement agreements in maintenance matters is upheld, regardless of alleged violations in related custody matters.
Magistrate must assess sufficient cause before issuing a distress warrant for non-payment of maintenance.
Point of law: Enforcement of the order of maintenance is provided under Section 128 of Cr.P.C., giving option to the wife to seek enforcement either in a place where the order was passed or in a plac....
Issuance of arrest warrants for recovery of maintenance arrears is illegal; enforcement must comply with statutory provisions protecting individual dignity and liberty.
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