Execution of orders under Section 24 HMA in terms of CrPC unheard of; orders of ADJ purportedly acting as Magistrate set aside

Taraknath Mukherjee vs Sandhya Mukherjee

Calcutta HC

07/09/2018

CO No. 1903 of 2018

About/from the judgment:

The High Court allowed a challenge to the order of Additional District Judge for execution of an order passed under Section 24 of the Hindu Marriage Act, 1955.

 

The facts of the case are such that the Additional District Judge, while taking up an execution case in connection with an alimony order passed under the Hindu Marriage Act, suffered an identity crisis and acted as a Magistrate to invoke provisions of Section 125(3) CrPC and allied provisions to issue a distress warrant against the husband. The Collector was directed to realise the maintenance allowance as arrears of land revenue. The husband assailed the order as sans jurisdiction.

 

The High Court, at the outset, observed that it is unheard of that an order passed under Section 24 HMA would be executed by taking resort to the provisions of CrPC. In view of the Court, this was a case the execution application was filed under the correct provisions of law, but the Additional District Judge consciously resorted to powers which have no nexus with the proceedings under consideration; the powers that are conferred on a Magistrate and not on an Additional District Judge. As such, it was held that the order impugned was devoid of inherent jurisdiction and could not stand a moment’s scrutiny. Accordingly, the order impugned was set aside. The Additional District Judge was directed to dispose of the matter in accordance with appropriate provisions of law.

Read the Judgment

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