Legal provisions involved: Section 125 of the Code of Criminal Procedure, 1973; Article 21 of the Constitution of India

Judgement by: Karnataka High Court

Judge/Bench: Justice Lalitha Kanneganti

Facts

Mohammed Azeem challenged an order passed by the Family Court, Mangaluru, which had issued a Look Out Circular (LOC) against him for not paying maintenance to his wife. The LOC was issued while executing a maintenance order under Section 125 CrPC. The husband argued that the Family Court did not have the legal power to issue such a circular.

Key legal provisions

Section 125 CrPC (Section 144 BNSS)

Article 21 of the Constitution of India

Issues raised

Whether a Family Court can issue a Look Out Circular to enforce a maintenance order under Section 125 CrPC?

Arguments of the case

The husband relied on a Supreme Court judgment stating that strict steps should be taken only when non-payment is wilful. The wife argued that since the husband was staying abroad and not paying maintenance, issuing an LOC was necessary.

Judgement

The Karnataka High Court held that Family Courts do not have the power to issue Look Out Circulars in maintenance cases. LOCs are meant for criminal matters, not for recovery of maintenance. The court set aside the Family Court’s order and held that such action also affects the right to personal liberty under Article 21.

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