Judgment · High Court
Case at a glance
Outcome
Disposed of
With the above clarification, this Criminal Original Petition stands disposed of
Provisions considered
Key paragraphs
- Para 55. In view of the above, the Trial Court is directed to issued Form No.44 to execute the Distraint Warrant issued as against the petitioner on 04.09.2024.
- Para 66. With the above clarification, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed.01.04.2025Index: Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderLppToThe Judicial Magistrate, Gudiyatham. Page 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 6087 of 2025G.K.ILANTHIRAIYAN, J.Lpp Crl.O.P.No. 6087 of 202501.04.2025Page 4 of 4
Judgment
Crl.O.P.No. 6087 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.04.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANCrl.O.P.No. 6087 of 2025andCrl.M.P.No.3899 of 2025 S.Sivakumar.....PetitionerVsJ.Thennarasi.....RespondentPRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 04.09.2024 made in CMP. No. 3729 of 2023 in MC.No. 22 of 2012 on the file of Judicial Magistrate, Gudiyatham. For Petitioners: Mr.M.GuruprasadFor Respondent: Mr.V.PushpalathaO R D E RThis Criminal Original Petition has been filed challenging the order dated 04.09.2024 passed in CMP No.3729 of 2023 in M.C.No.22 of 2012 by the Judicial Magistrate, Gudiyatham.
Heard the learned counsel appearing on either side and perused Page 1 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 6087 of 2025the materials available on record.
The petitioner is the husband of the respondent herein. After their marriage, due to misunderstandings, they got separated. Therefore, the respondent could not able to maintain herself and filed a maintenance case in M.C.No.22 of 2012. After filling his counter, the petitioner failed to appear before the Trial Court. Thereafter, the maintenance case was ordered by the Trial Court and directed the petitioner to pay a sum of Rs.4,000/- per month as maintenance to the respondent. However, the petitioner did not comply with the order and as such the respondent filed a petition under Section 128 of Cr.P.C in CMP No.3729 of 2023 in M.C.No.22 of 2012. The Trial Court, by an order dated 04.09.2024, allowed the petition and issued a Distraint Warrant.
The learned counsel appearing for the petitioner would submit that after issuing the Distraint Warrant, the Trial Court issued Form No.18 to arrest the petitioner instead of Form No.44. As per procedure, after issuance of a Distraint Warrant to recover the arrears of maintenance, the Trial Court should issue Form No.44. The Form 44 is to be issued to the Revenue Authorities to facilitate the recovery of Page 2 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 6087 of 2025arrears from the petitioner's movable and immovable property.
In view of the above, the Trial Court is directed to issued Form No.44 to execute the Distraint Warrant issued as against the petitioner on 04.09.2024.
Operative part
With the above clarification, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed.01.04.2025Index: Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderLppToThe Judicial Magistrate, Gudiyatham. Page 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 6087 of 2025G.K.ILANTHIRAIYAN, J.Lpp Crl.O.P.No. 6087 of 202501.04.2025Page 4 of 4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above clarification, this Criminal Original Petition stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Code of Criminal Procedure, 1973 — s. 128.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.