ANITA CHAUDHRY, J.

CRM-17069-2018

1. Application is allowed and Annexures P-4 and P-5 are taken on record.

CRR(F)-433-2016

2. The petitioner impugns the order dated 16.11.2016 passed by the Family Court, Ambala who had ordered the issuance of conditional warrants of arrest for recovery of maintenance amount.

3. I have heard both the sides.

4. It is not in dispute that a petition under Section 125 Cr.P.C. was filed by the respondent in April 2001 and maintenance of Rs. 2,000/- per month was allowed to the minor daughter by the Chief Judicial Magistrate, Ambala on 4.3.2006.

5. An execution petition was filed in May 2006 seeking recovery of the arrears which then were over Rs. 1,18,000/-. The Executing Court passed an order on 13.9.2011 and sent the petitioner to one month's imprisonment since the JD had stated that he had no money to pay. He did not express any willingness to pay the amount. The Executing Court instead of proceeding further with the execution consigned the file to the record room. An application was moved by the decree holder for taking up the file and to issue proceedings for recovery of the amount due. Since the decree holder made a statement that the JD had imm