ABDUL AZIZ RATHER Vs. ASIYA QADIR

JUDGEMENT

(1.) Petitioner has challenged order dtd. 16/7/2021 passed by the Principal Judge, Family Court, Srinagar in a proceeding under Sec. 125 Cr.P.C. whereby the petitioner, on account of default in payment of arrears of maintenance of Rs.40,000.00, has been sentenced to rigorous imprisonment for a period of one month and besides this warrant of attachment has also been issued against the petitioner for attachment of his movable property with a direction to put the same to auction and give the sale proceeds to the respondents.

(2.) Learned counsel for the petitioner submits that the procedure adopted by the learned Principal Judge, is unknown in law inasmuch as there is no power vested with a Magistrate or Family Court to sentence a person to rigorous imprisonment for non-payment of arrears of maintenance, and that the Court/Magistrate has to adopt the procedure prescribed under Sec. 421 of Cr.P.C. for recovery of arrears of maintenance.

(3.) Having heard learned counsel for the petitioner and having perused the material on record, a case for grant of interim indulgence is made out.