Protection of Women from Domestic Violence Act, 2005
Section 23—Grant of interim maintenance—Execution petition filed by second respondent—Petition for setting aside of order of Executing Court whereby it had issued warrants of arrest against petitioner—An order of maintenance has to be enforced under the provisions of the relevant Act as a money decree of a Civil Court—Courts are empowered to pass any order within the four corners of the applicable laws—Any order for issuance of warrant of arrest is not to be passed unless it is absolutely necessary—It is not clear whether impugned order directing issuance of warrant of arrest was passed exercising power under Order 21 of the CPC or whether for the reason of non-appearance of the decree holder on the particular date—Magistrate has failed to record any reason why a recourse to issuance of warrant of arrest was taken—Petitioner had been appearing before the Executing Court regularly—Executing Court ought not to have proceeded with issuance of warrant of arrest without recording any reasons as to why such recourse was taken—Fact that petitioner has already appeared before the Executing Court, the High Court considers it apposite not to pass any direction with regard to the prayer for setting aside the order.
[Paras 18 to 28]