Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS. L.VICTORIA GOWRI, J
Alagarsamy – Appellant
Versus
Mangalasundari – Respondent
| Table of Content |
|---|
| 1. nbw issued without prior summons is procedurally flawed. (Para 1 , 2) |
| 2. arrears enforcement must comply with specific sections of law. (Para 6 , 7 , 8) |
| 3. the court cannot re-appreciate evidence; focuses on jurisdictional irregularities. (Para 14 , 15 , 17) |
| 4. failure to follow warrant issuance protocol affects personal liberty. (Para 18 , 22) |
| 5. new procedural direction for law enforcement issued. (Para 24 , 26) |
| 6. social justice and legal adherence must be balanced in maintenance cases. (Para 28 , 29) |
ORDER
Prologue:
This Criminal Revision Case is directed against the order dated 13.07.2023 passed by the learned Judicial Magistrate No.I, Kovilpatti in Crl.M.P.No.800 of 2023 in M.C.No.4 of 2016, whereby the learned Judicial Magistrate, in the course of execution of a maintenance order, issued a Non-Bailable Warrant (NBW) against the revision petitioner/husband for alleged wilful default in payment of arrears of maintenance. The petitioner confines the challenge to the legality and propriety of the issuance of NBW, asserting that the same was passed in violation of procedural safeguards and contrary to settled legal principles under the Code of Criminal Procedure, 1973
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
