Petitioner sought inherent powers to arrest respondent or attach property for outstanding maintenance. Court held that directly ordering such steps was neither justifiable nor proper considering the petition's context.
Petitioner's prayers for arrest and property attachment dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 09TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.100188/2018
BETWEEN:
Sumangala Kom Mallanagouda Patil, Aged : 45 Years, Occ: Household Work, R/o Maradagi Village, Tq: & Dist: Dharwad.
… Petitioner
(By Shri Hemanthkumar L. Havaragi, Advocate)
AND:
Mallanagouda Rudragouda Patil, Aged : 51 years, Occ: Agril. & Business, R/o Anjeneya Nagar, Kelageri, Dharwad, Kelageri, Post, Dharwad, Pin: 580 007.
… Respondent
This criminal petition is filed under Section 482 of Cr.P.C. seeking to exercise inherent power, kindly direction be issued to Family Court to arrest the respondent and execute the warrant of court properly and in the alternative direction be issued to the Deputy Commissioner, Dharwad to exercise his powers under Section 421 (1) (a) of Cr.P.C. to attach the property standing in the name of respondent and cause its sale and recover the maintenance amount and such other reliefs.
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This petition coming on for orders, this day, the Court made the following:
ORDER
This petition has been filed by the petitioner under Section 482 of Cr.P.C. The prayer sought by the petitioner is as under:
“a) Exercising inherent power, kindly direction be issued to Family Court and also to commissioner of Police to arrest the respondent and execute the warrant of court properly.
b) In the alternative direction be issued to the Deputy Commissioner, Dharwad to exercise his powers u/s.421(1)(a) of Cr.P.C. to attach the property standing in the name of respondent and cause its sale and recover the maintenance amount.
c) Any other relief deemed fit in the eyes of law be granted to petitioner.”
maintenance in Crl.Misc.No.140/2015 and alleges that the respondent has not settled entire arrears amounting to Rs.72,000/- as on the date of petition. It
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is further grievances of the petitioner that, the
respondent husband is avoiding service.
SD JUDGE
EM/-
2 issues framed by the court
Whether inherent powers under Section 482 CrPC can be exercised to direct arrest or attachment of property for maintenance recovery.
Whether the petitioner is entitled to reliefs considering the rate of period and extent of available steps.
2 provisions across 1 enactments
Sumangala Kom Mallanagouda Patil
Mallanagouda Rudragouda Patil
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
