No NBW under 23(1) for non-payment of maintenance!
Shanavas vs Raseena and Anr
Kerala HC, Ernakulam Bench
Crl.MC.No. 4843 of 2010
About/from the judgment:
NO NON BAILABLE WARRANT UNDER SECTION 23(1) FOR NON-PAYMENT OF MAINTENANCE!
When first respondent appeared through a counsel, he was directed to appear in person and pay the maintenance. It is on the failure to appear and pay maintenance as ordered, the non bailable warrant was issued. Learned Magistrate cannot order non bailable warrant for the failure to pay maintenance as has been done in this case. It is made clear that Magistrate can proceed against the petitioner or other respondents for non payment of the interim maintenance only as provided under Protection
of Women from Domestic Violence Act and such an order cannot be enforced as has been done by the learned Magistrate. In such circumstances, the order issuing non bailable warrant can only be quashed.
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