Back
2026 Supreme(Online)(Mad) 60080
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
R.Vijayakumar – Appellant
Versus
V.Kavitha – Respondent
CRL OP No. 17204 of 2026
For the Appellants/Petitioners: S. Sugendran
For the Respondents: R. Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side)
A petitioner seeking to recall a non-bailable warrant issued for maintenance arrears must surrender before the concerned court or seek a stay through a revision petition rather than seeking a general direction for disposal.
Headnote:The petitioner filed a petition under Section 528 of BNSS seeking a direction to the II Additional Family Court at Chennai to dispose of a criminal miscellaneous petition for recalling a non-bailable warrant issued due to arrears of maintenance in MC No.501 of 2018. The petitioner contended that 50% of the maintenance arrears had already been paid. The court examined whether a direction for disposal was necessary or if existing legal remedies were sufficient. The court observed that the recall of a warrant is contingent upon the petitioner's surrender before the concerned court, and any stay of execution must be sought through a revision petition against the order in MP No.211 of 2024. With the aforesaid remedies kept open to the petitioner, this Criminal Original Petition stands disposed of.
| Table of Content |
|---|
| 1. petition to recall non-bailable warrant issued for maintenance arrears. (Para 1 , 2) |
| 2. requirement of surrender or revision petition for warrant recall and stay. (Para 3 , 4) |
Petition filed under Section 528 of BNSS to direct the learned II Additional family court at Chennai to dispose the Crl MP No.195 of 2019 in MP No.211 of 2024 in MC No.501 of 2018 due process of law.
ORDER
The prayer in the criminal original petition is to direct the learned II Additional Family Court at Chennai to dispose the Crl MP No.195 of 2019 in MP No.211 of 2024 in MC No.501 of 2018.
2.The petitioner before this Court is the husband of the first respondent. It is stated that on account of the arrears of maintenance, a non bailable warrant has been issued in the aforesaid MC No.501 of 2018. The above application is filed to recall the warrant . It is stated that the non bailable warrant has been issued since there is arrears of the maintenance. It is also further stated that the petitioner has already paid 50% of the amount due.
3.As far as the recall of warrant is concerned, if the petitioner surrenders before the concerned Court, the Court will take up the Crl MP for recalling the warrant. If the petitioner wants further time or to stay the proceedings pending the execution, the interim order of stay has to be obtained by the petitioner in the revision petition that is said to be filed as against the order passed in MP No.211 of 2024.
4.With the aforesaid remedies kept open to the petitioner, this Criminal Original Petition stands disposed of.
06-07-2026
Neutral Citation:Yes/No
