The High Court of Karnataka held that a Family Court has no jurisdiction to issue a Look Out Circular (LOC) for recovery of maintenance under Section 125 Cr.P.C. 

The Court ruled that enforcement of maintenance orders must strictly follow the mechanism provided under Section 125(3) CrPC read with Section 421 CrPC. It permits recovery through attachment and sale of property, and not by issuance of a Look Out Circular.

The Court further observed that continuing an LOC despite a judicial stay order amounts to violation of Article 21 of the Constitution of India. 

Below are the crucial paragraphs that formed the foundation of the Court’s decision:

Para 2

“It is submitted that Section 125(3) provides that in enforcement of the maintenance order Court may issue a warrant for levying the amount due in the manner provided for fines as prescribed under Section 421 of Cr.P.C. Section 421 provides that a warrant for levy of fine by attachment of sale of immovable property.”

“Proviso to Section 421 provides that no such warrant shall be executed by arrest or detention in prison of the offender. The Family Court has no power to issue the look out circular in the process of executing the order of maintenance.”

“The 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. The LOC cannot be issued for recovering the dues of maintenance.”

Para 6

“Further, continuing the LOC despite the order passed by the Court is illegal and amounts to contempt of Court and it also amounts to violation of rights guaranteed under article 21 of the Constitution of India.”

Citation :

Other Sources :

Index of Judgments about Look Out Circular notices is here. 

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.,

+91-9606345150