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K. R. MOHAPATRA
Karunakar Panda – Appellant
Versus
Soumya Manjari Padhi – Respondent
JUDGMENT
K.R. Mohapatra. - This matter is taken up through Hybrid mode.
2. Petitioner in this writ petition seeks to assail the order dated 30th September, 2022 (Annexure-4) passed by learned Judge, Family Court, Balasore in Execution Case No.13 of 2021, whereby it directed to issue warrant of arrest against the JDr. in exercise of power under Order XXI Rule 38 CPC.
3. It is submitted by learned counsel for the Petitioner that in view of provision under Section 18 of the Family Courts Act, 1984, the judgment / order of the Family Court shall be executed like a decree of the Civil Court. Thus, the provision of Order XXI CPC is applicable to the case at hand. Learned Family Court did not at all follow the procedure laid down therein. It is his contention that Khaira Police Station could not have been directed to execute the warrant of arrest as the Family Court is exercising power under Order XXI Rule 38 CPC.
3.1 Referring to Form-13 to Appendix-E of CPC, learned counsel for the Petitioner submits that warrant of arrest should have been issued to the bailiff of the Court and not to Khaira Police Station. As such, the order dated 30th September, 2022 is bad for not following of due proce
Issuance of arrest warrants for recovery of maintenance arrears is illegal; enforcement must comply with statutory provisions protecting individual dignity and liberty.
The main legal point established is that the provisions of Order 21 Rule 37 of the CPC can only be invoked when there is an application for the execution of a decree for the payment of money.
Order XXI Rule 40 provides that when the judgment-debtor appears on notice issued under Rule 37, or is brought before Court after being arrested.
The obligation of the decree-holder to establish the means of the judgment-debtor sufficient to discharge the decretal debt before issuing a warrant of arrest.
Mandate of issuance of notice and doctrine of 'no means' and 'lack of bonafides' though relevant in determination of issue under Rule 37 of Order XXI C.P.C. r/w proviso attached to Section 51 C.P.C.,....
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....
The legality of warrants for arrest in non-bailable offences and the requirement for the Magistrate to specify the place and date where the accused has to appear in compliance with the proclamation u....
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