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Bk   06 June 2023

maintencase case latest judgement to not arrest

Dear Sir/Madam,

last month in my frnd sis maintenance case judge has issued bail to respondent on bond surity without informing petitioner/advocate in last date when we asked judge to reissue warrant she told there was SC judgement not to arrest or issue warrant to respondent and asked our lawyer to appoint one lawyer committee they will bring respondent I was totally confused wht judge telling like that she is newly posted as judge please let us know was there any SC judgement like this not to arrest or issue nbw on respondent in maintenance case?

thanks in advance


Learning

 3 Replies

Dr. J C Vashista (Advocate )     06 June 2023

What is the opinion and advise of the lawyer engaged by the complainant ?

What is your concern / locus standi to the facts vis-a-vis query ?

T. Kalaiselvan, Advocate (Advocate)     06 June 2023

It is not known what transpired that day in the court.

It is friend's sister case.

It is she who has to follow the procedures of law in this regard.

A judge will not blindly say that supreme court has passed any such judgement.

Real Soul.... (LEGAL)     06 June 2023

There is nothing like that, though courts are reluctant to issue arest warrants becasue the logic behind that remians by arresting the husband he won't b able to earn and maintain his wife or kids. Otherwise the bar on arrest by any supreme court judgment is still awated by husbands.

In any case there is limit for keeping husband jailed that is not more than  half of the month


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