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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BHUWAN GOYAL
Daljeet Singh Saluja, S/o. Mahendra Singh Saluja – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
Key Points: - The court held that non-bailable warrants cannot be issued without first attempting to recover dues via recovery warrants under CrPC and without following the levy procedures. (!) - Section 125(3) CrPC provides that warrants for levying the amount due can be issued after failure to comply, with a provision restricting issuance of such warrants within one year of the due date. (!) - Section 421 CrPC outlines the procedure to levy fines, including attachment and sale of movable property or recovery as arrears of land revenue. (!) (!) (!) - The magistrate should levy the amount first and only if recovery is unsuccessful or partial, proceed to sentencing and then consider warrants for arrest to bring the defaulter to court. (!) (!) (!) - The case references Vimla (supra), Sachin (supra), Vipin Kumar (supra), and Deepak Singh Rajawat (supra) support the procedural sequence for enforcement of maintenance. (!) (!) (!) (!) - The arrest warrant quashed because no recovery report or levy procedure was shown on record prior to issuing the arrest warrant. (!) - The order quashed certain lower-court arrest warrants and affirmed rest of the orders. (!)
| Table of Content |
|---|
| 1. application for early hearing allowed. (Para 1 , 2 , 3) |
| 2. multiple petitions related to a matrimony dispute. (Para 4) |
| 3. arguments against issuance of arrest warrants. (Para 5 , 6 , 7) |
| 4. court analysis of procedural requirements under section 125 crpc. (Para 8 , 9 , 10 , 11 , 12) |
| 5. clarification of the procedure for levying fines. (Para 13 , 14) |
| 6. quashing of lower court's arrest warrants. (Para 15) |
| 7. order to file copies in each connected file. (Para 16) |
ORDER :
BHUWAN GOYAL, J.
S.B. Criminal Misc. Petition No. 8064/2024 :
1. Matter comes up on an application for early hearing of the case.
2. The application is allowed for the reasons mentioned therein and with the consent of learned counsel for both the parties, this criminal misc. petition is being decided finally today at this stage.
S.B. Criminal Misc. Petition Nos. 8039/2024; 8037/2024; 8040/2024; 8059/2024 and 8064/2024
3. Since these criminal misc. petitions arise out of a matrimony dispute having arisen between the same parties, they are being decided by this common order.
4. These criminal misc. petitions have been filed by the petitioner against the order dated 6.11.2024 passed by Addl. Sessions Judge, Women At
The court established that non-bailable warrants for maintenance enforcement cannot be issued without prior attempts to recover dues through established procedural mechanisms under the Code of Crimin....
Issuance of arrest warrants for recovery of maintenance arrears is illegal; enforcement must comply with statutory provisions protecting individual dignity and liberty.
Judicial Magistrates have the authority to issue non-bailable warrants for recovery of maintenance under the Domestic Violence Act, and enforcement procedures can follow the Criminal Procedure Code.
The magistrate can impose a maximum of one month imprisonment for each month of default in maintenance payments under Section 125(3) of the Cr.P.C.
Maintenance orders under the Protection of Women From Domestic Violence Act can be enforced through attachment of both movable and immovable property.
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.
Imprisonment for non-payment of maintenance under Section 125(3) of the Cr.P.C. serves as a mode of enforcement and does not discharge the underlying liability; the court can impose sentences for eac....
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