K. ABIRAMI Vs. KUMAR

JUDGEMENT

(1.) The Criminal Original Petition has been filed, invoking Sec. 482 Cr.P.C., seeking direction to the Second Respondent to execute the Non Bailable Warrant issued as against the First Respondent as per the Order dtd. 13/7/2023 in S.T.C. No.7 of 2023 on the file of the Judicial Magistrate, Additional Mahila Court, Karur, within a time stipulated by this Court.

(2.) It is evident from the records that the Petitioner has filed a Petition under Ss. 18, 19, 20 & 22 of the Domestic Violence Act against her husband and in-laws invoking Sec. 12 of Protection of the Women from Domestic Violence Act, 2005 and the case was taken on file in D.V.C. No.48 of 2021 on the file of the Additional Mahila Court, Karur, that the Petitioner has also filed an Application claiming Interim Maintenance in Cr.M.P. No.1546 of 2022, that the learned Judicial Magistrate, after enquiry, has passed an Order dtd. 21/12/2022 directing the First Respondent to pay interim monthly maintenance of Rs.10,000.00~ to the Petitioner and her son, that the said Court has also ordered to pay the arrears of maintenance for the period from 1/9/2021 to 21/12/2022 within one month from the date of that order, that since the First Respondent has not complied with the direction and purposely evaded to pay maintenance, the Petitioner was forced to file an Application under Sec. 31 of the Domestic Violence Act and the same was taken on file in S.T.C.No.7 of 2023, that since the First Respondent having received the Court summons has refused to attend the Court, Non-Bailable Warrant was ordered to be issued on 19/6/2023, that despite issuance of Warrant, the Second Respondent has not taken any steps to execute the same and that therefore the Petitioner is constrained to approach this Court.

(3.) It is further evident from the records that despite receipt of Court summons, the First Respondent has failed to appear before the Court and hence, Non-Bailable was ordered to be issued on 19/6/2023, that the learned Judicial Magistrate has directed the Karur Town Police to execute the Non-Bailable Warrant vide Order dtd. 13/7/2023 and that since Non Bailable Warrant was not executed by the said Police, the learned Judicial Magistrate has then directed the Pasupathipalayam Police to execute the Warrant.