Default in paying maintenance allowance — Warrant of arrest cannot be issued as a matter of first resort — Resort prior in point of time, has to be made to attach property
Court: PUNJAB & HARYANA HIGH COURT
Bench: JUSTICE V.K. Bali
JAIVIR Vs. SANTOSH On 14 February 1995
Law Point:
Default in paying maintenance allowance — Warrant of arrest cannot be issued as a matter of first resort — Resort prior in point of time, has to be made to attach property.
JUDGEMENT
It is true that by virtue of Section 125(3) of the Code of Criminal Procedure and the judgment of this Court in Raj Kumar v. Smt. Krishna Kumari, 1984 (2) RCR 434=1984 (2) Ch.LR 396, warrant of arrest cannot be issued and the party defaulting in payment cannot be sent to civil imprisonment as a matter of first resort and that necessarily resort, prior in point of time, has to be made to attach the property. That, however, in peculiar facts of this case, cannot come to the rescue of petitioner. It is conceded that petitioner has no property so that the same could be put to auction with a view to provide maintenance to respondent-wife. There is persistent, default for paying the maintenance allowance to respondent-wife in the present case and remand of the case directing the Magistrate in first resort to proceedings of attachment would be an exercise in futility.
Petition dismissed.