IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 11th DAY or DECEMBER, zooefra.
BEFORE
THE I-£ON'BLE MR. JUSTICE L.NARAYANA_SwAL*J}' % T' '
CRIMINAL PETITION 1vo_. soS¢;'2co9'A -- .1: '-
BETWEEN:
SR1. IMRIYAZ AHAMD _
S/O. GAFARSAB MOMIN.
AGE: 32 YEARS, occ; NIL": _ -_ ;
R/O. EVTH CROSS, AZAD NAGAR
BELGAUM, DEST: B.:2:LSAuM~--.j; A» ~
.. . PETITIONER
{By Sri. S;L_1:vA--RA;i-" ADV.)
AND:
" SMf1":. MAHEJBIN" AL..I.AL-3 SALIMA
2 'wé/'O 11v[T1YAzAHAMMAD MOMIN
' AGE; :22 YEARS, occ: HOUSE HOLD WORK
RV/(O. PAJU'NN'ISvA, HAJISAB BAGEWADI
K.U'E\*IRUDDjI--NAESHAIKH CI-IAWL, 11 CROSS
SU-BHAS~NA»GAR, BELGAUM, DIST. BELGAUM
" " MISSALIMIRA @ MAHIRA
1:)'/Q. IMTIYAZHAMED MOMIN
' A'-C_rE.--i 4 YEARS, occ: NIL
SINCE MENOR, REPRESENTED BY HER NATURAL
1. _C'xUARD1AN MOTHER i.e. PETITIONER No.1
*4
Ex.)
3. THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
CIRCUIT BENCH, DHARWAD
(By Sri. P. H. GOTKHINDI, i-ICGP FOR R3
R1 82; R2 ~ NOTICE DISPENSED)
RESPOND A'
THIS CRL.I> IS FILED U/s._482__CR';R§C'*--§'.I3Y""
ADVOCATE FOR THE PETITIONER PRAYIVNQTO QUASH j
ENTIRE PROCEEDINGS IN CRIMINAL MISC. 'IxIg'.255/2_OO_gv~,
PENDING ON THE FILE: OF' JUDGE" Ii'AI\zi»Imf,CoII'RT','
BELGAUM BY ALLOWING THIS PETITION.
THIS PETITON COMING ON,FOR"AD-MIssI'oN..THis DAY,
THE COURT MADE THE EOaLLo\N_ING.:,' ~ "
Petitioner to quash the entire criminal
proceedings 2008 pending on the file of
VI.--Fami1y~<5.ourt, Be1ga'u.rn_,___&.vHe submits that maintenance suit
'was by 'the.,:Wife and daughter in Crl. Misc. No.184/ 2006
onitiIei'.fi.1e VofCFf'a.rrI'iij'ziV.Court, Beigaum. The Family Court by its
order dated"-V:(&).2";()v8.2O08 passed the judgment with direction to
petitioner to pay the maintenance and also the arrears.
Thei"safne has not been paid by the petitioner. Hence execution
it --ihas--Deen filed in Crl. Misc. NO256/2008, in which the order of
ii
'K
Lo)
arrest has been made. On 31.01.2009 the arrest warrant has
been issued and the same was served and the petitionerfihas
been taken into custody and now he is in judicial custody:L"-
2. The learned Counsei for the petitioners thati
before arresting a person for non-compliance 'ordcr;..tp'th.g_p it
Court should take steps by coerciye measures likieavttachifingi
the property of the respondent. in ti:.eiii'i11istai'it case,
without initiating any steps for property of the
petitioner, directiy he has been-C-taken’ and now he
is in jail rt;i+”iéititii~sfipthatfitt i1″I[‘tfV_:):’1″1tl’1S..HiiVi;Ii€ submits that the said
action on the part contrary to the judgment
quoted in_Panjab.. &”Haivyaza_ai}*1’igh Court Judgment reported in
.658 t}te—-ease of Om Parkash vs, Vidhya Dew),
vv’hpe’r-ein–i.it heid—_”Execution proceedings for recovery of
Vmaintenianceiaiiowance ~ Court cannot pass order or arrest
without resorting to coercive measures provided under Section
i4?xI.,1ii¢e–~attachment of property etc.”
3. The learned Govt. Pleader submits that
has not stated all these things before the Court belovv it
not made any application to that extent?’ liencle th.e:ilpe_tition:erl’3
has been taken into custody.
4. I have heard the argumentsdtnpade lby. bcthjfihleavlpartiles.
5. In the light of the rnade byllthel parties,
whenever an order is passed initiated, the
Court should take. steps recover’«.thel_j_p,roperty or arrears by
making attach:hent—-.o’1″‘ the concerned. If the
respondent purplols*efully’i ppand-.,._i,,ntentionaliy avoids, then the
application if made for arrest warrant is to be
considered’. In ti’1::-,:_ instant case, no such steps have been
‘.tal{en,& ‘Kiln ofthe same, I pass the following:
” Miisc. ‘j_No.lll6434/2009 is allowed. Direction is issued
topreleasepthe petitioner from the judicial custody immediately.
thefllrespondents No.1 and 2 are the petitioners in the
I?arriilyilCiourt, in the light of the legal position narrated above,
“notice to respondent No.1 and 2 is dispensed with and liberty
is reserved to them to make necessary applicmaffiori—o:’for..
attachment of property.
With these directions, the petitior; is:.a,llovlfed.:.’._’Th’e’ .’
below will have to proceed furthereina accoi’r1ararce witli’Eaw.
gab