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2022 Supreme(All) 193

Vipin Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Omvir Singh Rajpoot

Judgement Key Points

Certainly. Based on the legal principles discussed in the provided judgement, similar judgements can be found in cases that address:

  1. The proper procedure for the issuance of warrants for recovery of maintenance arrears, emphasizing that warrants of arrest should not be issued without first levying the amount due as a fine or attempting recovery through attachment and sale of movable property (!) (!) (!) (!) (!) (!) .

  2. The interpretation of Section 125(3) Cr.P.C., specifically that the Magistrate's jurisdiction to sentence to imprisonment arises only after the failure to comply with maintenance orders and after the execution of warrants for recovery of the amount due (!) (!) .

  3. The necessity for courts to follow the correct legal procedure when executing recovery warrants, particularly that arrest warrants should not be issued prematurely or without prior attachment of property or prior sentencing (!) (!) .

  4. Judicial rulings that set aside illegal orders for arrest in maintenance cases where proper legal procedures for recovery and sentencing were not followed (!) (!) .

Searching for judgements that reaffirm these principles would involve focusing on cases that highlight the importance of following statutory procedures under Cr.P.C. for recovery of maintenance arrears, ensuring that warrants of arrest are issued only after proper steps such as attachment or sentencing have been undertaken.


JUDGMENT :

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. The applicant by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 30.11.2021 passed by the Principal Judge, Family Court, Kasganj in Case No. 118 of 2020 (Smt. Kaushalya @ Kaushal vs. Vipin Kumar), under Section 128 Cr.P.C., P.S. Kasganj, district-Kasganj. A further prayer is that a direction be issued to the court below to release the applicant from jail forthwith.

3. It is submitted by learned counsel for the applicant that marriage between applicant and opposite party no. 2 was solemnized on 8th December, 2010. Out of the aforesaid wedlock, a baby girl was born. However, after some time, the relationship between the husband and wife became strained and incompatible. Thereafter the opposite party no. 2 has initiated several litigations against the applicant. In connection with the same, she along with her daughter filed an application under Section 125 Cr.P.C. before the Family Court, Kasganj, which was allowed by the Principal Judge, Family Court, Kasganj vide judgment and order dated 30.11.2021. It

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