Skip to main content

NBWs should be issued after exhausting other options: Nagpur High Court

A court cannot issue non-bailable warrants (NBWs) against defaulters without first adopting other remedies available under law to recover arrears, the Bombay High Court has held while quashing a warrant issued against a man for failing to pay interim maintenance to his estranged wife.
The Nagpur bench of the high court was hearing a petition filed by Sachin Bodhale challenging an April 2 order by a magistrate court issuing non-bailable warrant against him fter he failed to pay the maintenance amount to his wife.
Sachin’s wife had lodged a complaint against him under the Protection of Women from Domestic Violence (DV) Act. The magistrate had passed an interim order granting monetary relief.
Sachin’s lawyer Sudhir Moharir argued that the magistrate while issuing the non bailable warrant was of the view that under section 28 (2) of the DV Act, the court had
the power to adopt any procedure to ensure recovery of the maintenance amount.
Justice M L Tahaliyani was of the view that the there is provision under the Criminal Procedure Code (CrPC) which states how the amount of maintenance is to be recovered.
“The Magistrate, in my opinion, could not have issued  non­bailable warrant directly. Under section 421 of CrPC, the magistrate was under obligation to first issue a warrant for levy of the amount by attachment and sale of any movable property. If the amount was recovered by adopting this procedure then the question of putting the defaulter in prison does not arise,” Justice Tahaliyani said.
The court observed that in case the amount was not recovered, then the court could have imposed a sentence on the defaulter as per provision laid down in the CrPC.
“The stage of issuing a non-bailable warrant comes only after sentencing and not before that,” Justice Tahaliyani said while setting aside the magistrate’s order.

 Article referred: http://indianexpress.com/article/cities/mumbai/nbws-should-be-issued-after-exhausting-other-options-nagpur-high-court/

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

When debt is bona fide disputed and the defence is a substantial one, the court will not wind up the company

In SHITAL FIBERS LTD.  vs  INDIAN ACRYLICS LIMITED, as per the respondent, appellant had made a payment of Rs.61,83,218/­. However, there was an outstanding balance of Rs.8,92,723/­ as on 28.7.2008. Since despite repeated requests, balance amount was not paid, the respondent issued a statutory notice to the appellant. The same was duly responded to. As the payment was not made despite notice being duly served on the appellant, the respondent filed the aforesaid Company Petition seeking winding up of the present appellant for its inability to pay admitted debts. The learned Company Judge vide order dated 28.9.2015 admitted the Company Petition. However, while doing so, the learned Company Judge observed, that since the appellant was an on­going concern, an opportunity should be granted to it to settle the accounts with the respondent by 31.12.2015. Only in case of failure of the settlement, the citation was directed to be published. On appeal, the Division Bench of the High Cou...
Post a Comment
Read more

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
4 comments
Read more