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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJIV LOCHAN SHUKLA
Mohammad Shahzad – Appellant
Versus
State of U.P. – Respondent
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| Table of Content |
|---|
| 1. application for quashing maintenance order. (Para 1) |
| 2. arguments regarding enforcement of maintenance. (Para 3 , 4) |
| 3. incorrect issuance of arrest warrants for maintenance. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. procedural aspects of family courts under the act of 1984. (Para 13 , 14) |
| 5. liberty of individuals in maintenance enforcement. (Para 15 , 16 , 17 , 18 , 19) |
| 6. interpretation of civil procedure in maintenance cases. (Para 21 , 22 , 25 , 26) |
| 7. decision to set aside previous court order. (Para 28) |
JUDGMENT :
RAJIV LOCHAN SHUKLA, J.
1. This application under Section 528 B.N.S.S. has been filed by the applicant for quashing the order dated 25.09.2025 passed by Additional Principal Judge, Family Court, Court No.2, Aligarh in Misc. Case No. 548 of 2024 (Smt. Shajiya Khan & Another vs. Mohammad Shahzad) under Section 128 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") Police Station - Banna Devi, District Aligarh, whereby the Additional Principal Judge has issued recovery/arrest warrants against the applicant to recover arrears of maintenance against the applicant passed in Maintenance Case No. 1111 of 2017 (Smt. Shajiya Khan & Anr. vs. Moham
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.
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....
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....
A husband's imprisonment for non-payment does not absolve his obligation to pay maintenance; ongoing enforcement is essential to protect the recipient's welfare.
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....
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