Family courts have no power to issue look out circular to execute order of maintenance: Karnataka High Court

The Karnataka High Court has said that the family courts have no power to issue the look out circular (LOC) in the process of executing an order of maintenance passed under CrPC Section 125. Justice Lalitha Kanneganti said this while setting aside the order passed by the Principal Judge, Family Court, Mangaluru against the husband on the application filed by the wife.

The petitioner husband claimed that as per CrPC Section 125(3) the court may issue a warrant for levying the amount due in the manner provided for fines as prescribed under CrPC Section 421. Section 421 provides for a warrant for levy of fine by attachment of sale of immovable property. The advocate for the petitioner further submitted that the family court had already passed an order to recover the amount due by issuing the warrant of attachment and selling the property.

On the other hand, the wife contended that when there is an order of maintenance passed by the family court, it is the duty of the husband to comply. She said that the petitioner conveniently stayed out of the country and failed to comply with the order.

During the pendency of this petition, the high court had passed an interim order staying the operation of the LOC order, subject to the condition that the petitioner husband will appear before the executing court and deposit Rs two lakh. The advocate for the petitioner alleged that despite the interim order, the husband was not permitted to travel.

Taking serious view of this, Justice Lalitha Kanneganti directed the Director and Inspector General of Police to ensure that whenever an order is passed suspending an LOC, the same has to be communicated to the Bureau Of Immigration and the responsibility shall be fixed on the officer who requests for opening of a LOC. “If the concerned office fails to act diligently, departmental action shall be initiated against the concerned,” the court said.

Insofar as the order passed by the family court, Justice Lalitha Kanneganti said that issuing a look out circular is beyond the jurisdiction conferred on the courts while executing an order under CrPC section 125.

“The Family Court has no power to issue the look out circular in the process of executing an order that is passed under Section 125 of CrPC. Maintenance orders passed under Section 125 of CrPC is a civil obligation enforced through judicial orders. If a party defaults the remedy is to seek execution of the order i.e., attachment of property, warrant of arrest and civil imprisonment. Look out circulars are meant to prevent the accused/offenders from evading the criminal process. The LOC cannot be issued for recovering the dues of maintenance,” the court said, directing the Registrar General to communicate a copy of the order to all the courts dealing with CrPC Section 125 as well as to DG and IGP.