Family Courts Act, 1984
Section 7—Jurisdiction of Family Court—Challenge to the order passed by the Family Court issuing look out circular against the husband—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 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 criminal process—LOC cannot be issued for recovering dues of maintenance—Impugned order set aside—Petition allowed.
[Paras 6 to 8]
Decision : Petition allowed