Court Rules Family Courts Lack Jurisdiction to Enforce Maintenance Dues via LOCs, Upholds Personal Liberty Under Article 21
In a significant ruling, the Karnataka High Court has decisively quashed the Family Court’s authority to issue Look Out Circulars (LOCs) for the recovery of maintenance dues under Section 125 of the Criminal Procedure Code (CrPC). The judgment, delivered by Justice Lalitha Kanneganti, emphasized that LOCs, typically used to prevent accused individuals from evading criminal processes, should not be applied to recover maintenance dues, thereby protecting the fundamental rights of individuals under Article 21 of the Constitution.
The case, Mohammed Azeem v. Mrs. Sabeeha, involved a writ petition filed by Mohammed Azeem, challenging the Family Court's order from October 2024, which issued an LOC against him due to unpaid maintenance. The petitioner’s counsel argued that the Family Court overstepped its jurisdiction, as LOCs are not a remedy for enforcing maintenance orders. Instead, enforcement should occur through attachment of property, warrant of arrest, or civil imprisonment, as outlined in Sections 125(3) and 421 of the CrPC.
The High Court concurred, asserting that maintenance orders are civil obligations enforceable through judicial means, and the issuance of LOCs for such purposes is unauthorized. The court further highlighted that continuing an LOC, despite court orders suspending it, constitutes a violation of Article 21, which guarantees the right to life and personal liberty.
Additionally, the judgment pointed out administrative lapses, directing the Director-General of Police to ensure that LOCs are promptly withdrawn upon court orders. The court mandated that instructions be issued to prevent future non-compliance, and warned of departmental action against officers neglecting to close LOCs as ordered by the judiciary.
This landmark ruling reinforces the sanctity of judicial orders and underscores the limits of Family Court jurisdiction in executing maintenance orders. Legal experts believe this judgment will set a precedent, impacting similar cases across the country.
Bottom Line:
Family Court has no jurisdiction to issue a Look Out Circular (LOC) in the process of executing an order passed under Section 125 CrPC for maintenance recovery. LOCs are meant to prevent accused/offenders from evading criminal processes and cannot be used for recovering maintenance dues.
Statutory provision(s): Sections 125 and 421 of the Criminal Procedure Code, 1973; Article 21 of the Constitution of India
Mohammed Azeem v. Mrs. Sabeeha, (Karnataka) : Law Finder Doc id # 2827824
