Prayagraj. The Allahabad High Court has said in its decision that if the husband fails to provide maintenance to the wife despite the order of the court, then the court has no right to issue a warrant of arrest against the husband. But he can issue an arrest warrant for the recovery of the fine imposed under section 421 of the Code of Criminal Procedure for failure to pay the amount of maintenance. The High Court said that the court can order attachment or confiscation of movable property in such cases, but cannot issue a warrant for arrest.
Justice Ajit Singh has given this order on the petition filed by Vipin Kumar. The petitioner had challenged the order of the Principal Judge Family Court, Kasganj by filing an application in the High Court. The Magistrate Court had issued an arrest warrant against the petitioner on November 30, 2021 for not being able to provide maintenance to the wife. Which was quashed by the High Court considering it against the established provisions.
Application was filed in Kasganj Family Court
In fact, the wife of petitioner Vipin Singh along with her daughter had filed an application in the Kasganj Family Court to pay maintenance allowance under Section 125 Code of Criminal Procedure. On which the court, while hearing the application, approved the application and directed to pay maintenance allowance. The husband could not comply with the order of the court due to disability. On this, the magistrate issued a warrant of arrest against the petitioner for recovery of dues of 1 lakh 65 thousand from June 30, 2017 to January 19, 2020.
Husband went to jail on 30 November 2021
After this, the petitioner husband was sent to jail following the order of 30 November 2021 of the magistrate. After this the husband challenged the order in the High Court. The husband said that it is wrong to order the magistrate to send him to jail for 1 month without imposing fine and without following the provision of section 125 (3) of the Code of Criminal Procedure. Hearing in the court, the magistrate overturned the order of the court.
from your city (Allahabad)
UP Lekhpal Exam 2022: UP Lekhpal Exam Dates Declared, Check Exam Pattern and Syllabus Here
UP Board Results 2022: Evaluation work of UP Board exam from tomorrow, more than 2 crore copies will be checked
UP Police Constable Recruitment 2022: UP Police is going to recruit more than 26 thousand constable posts, know what is the update regarding notification
Big decision of Allahabad High Court, dismissal of petition of Anjuman Inazaniya Masjid in Shringar Gauri temple case
UPSSSC Exam Calendar 2022: Dates declared for these recruitment exams including UP PET, Lekhpal, see complete exam calendar here
UPPSC APO Recruitment 2022: Recruitment for Assistant Prosecution Officer posts is out in UP, see complete details here
Very close to Narendra Giri died in a road accident, Mahant wrote the name in the suicide note
Increased difficulties for people living illegally in Prayagraj, High Court directed to vacate cholera colony
UP: Big decision of Yogi government, now UP Board 10th-12th examinations will be held with new pattern
High court judge hearing two cases related to Mukhtar Ansari separated himself
Be the first to read breaking news in Hindi News18 Hindi | Today’s latest news, live news updates, read most reliable Hindi news website News18 Hindi |
Tags: Allahabad High Court Order, Allahabad news, Crime Against woman, Family Court, Kasganj news, Prayagraj News, UP Police Uttar Pradesh
