Back
HARPREET SINGH BRAR
Amrik Singh – Appellant
Versus
Jannatpreet Singh – Respondent
JUDGMENT :
(Harpreet Singh Brar, J.)
The present revision petition has been preferred against the impugned order dated 29.07.2023 passed by learned Additional Principal Judge, Family Court, Gurdaspur, whereby half of the amount lying in the pension account of the petitioner, as on the date of passing of the impugned order, was ordered to be attached in order to recover the maintenance amount, which has fallen in arrears.
2. The marriage between the petitioner and respondent No.3 was solemnized on 31.03.2015 and two sons i.e. respondents No.1 & 2 were born out of the wedlock. However, soon after solemnisation of the marriage, matrimonial dispute ensued between the couple and the respondents filed a petition under Section 125 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) [now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’)] seeking maintenance for themselves. Resultantly, the petitioner was directed to pay Rs.7,000/- per month to respondent No.3-wife and Rs.4,000/- per month to each of two minor sons as maintenance vide order dated 26.02.2016. Subsequently, upon non-payment of the maintenance amount, the respondents preferred an execution
The Family Court can enforce maintenance orders through pension attachment, but recovery is limited to one year of arrears, emphasizing the social justice intent behind maintenance laws.
Limitation - Recovery of arrear maintenance - When main petition claiming arrear was pending and kept alive, filing of subsequent petition was only to specify exact amount accrued due upto date. Such....
A Civil Suit for recovery of maintenance, which acquires the character of a 'debt' once a final Order is made under Section 125 Cr.P.C, is maintainable.
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....
The right to maintenance under S.125, CrPC is absolute and designed to ensure dignified living for spouses and children, despite claims of financial hardship by the husband.
Issuance of arrest warrants for recovery of maintenance arrears is illegal; enforcement must comply with statutory provisions protecting individual dignity and liberty.
Maintenance orders can be executed in jurisdictions based on temporary residence, affirming a spouse's right to choose the execution venue under the Code's provisions.
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
