LOGANATHAN Vs. NAVANEETHAM

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 13.7.2006 passed by the learned Chief Judicial Magistrate, Vellore in Crl. M.P. No. 274 of 2003, this criminal revision is focused.

(2.) BROADLY but briefly, narratively but succinctly, the case of the revision petitioner would run thus:The revision petitioner herein was arrayed as respondent in Crl. M.P. No. 274 of 2003 filed by the respondent herein for the purpose of recovering the maintenance arrears for a period of 16 months from 27.10.2000 to 27.3.2002 whereupon the learned Magistrate, ordered the revision petitioner herein to undergo 12 months imprisonment in view of non-payment of maintenance as ordered by the Court. Being aggrieved by and dissatisfied with the order of the lower Court, this revision is filed mainly on the ground that the respondent herein instead of taking steps to recover the arrears of maintenance by proceeding against the immovable property owned by the petitioner, had chosen to obtain arrest warrant as against the petitioner so as to detain him in jail and the learned Magistrate also without considering the feasibility of recovering the maintenance by proceeding as against the immovable property of the revision petitioner, simply, had chosen to order for detaining him for a period of 12 months there is no law authorising the Magistrate to imprison for more than 1 month, the revision petitioner at a stretch for his default in paying maintenance.

(3.) THE points for consideration are as to:(i) Whether the holder of maintenance order is expected to exhaust the remedy of recovering the maintenance arrears at the first instance by proceeding as against the properties of the individual bound to pay maintenance by getting appropriate orders from the Magistrate and Whether the Magistrate is bound to proceed at the first instance only as against the properties of such person?(ii) Whether the Magistrate is justified in ordering detaining of accused for one year at a stretch for non-payment of maintenance for 16 months?Point No. 1: