Bailabel Type : non-bailable

Description

Description:
Section 126 of the Criminal Procedure Code (CrPC) deals with the enforcement of orders for maintenance under Section 125. This section ensures that if a person fails to comply with the maintenance order, legal procedures can be followed to enforce the payment.

Key Elements of Section 126:

1. Application for Enforcement:

   • If the person ordered to pay maintenance refuses to comply with the court's order, the person entitled to maintenance (such as the wife, children, or parents) can file an application in the court to enforce the order.
   • The court will take necessary steps to compel the person to pay the maintenance amount.

2. Issuance of Warrants:

   • If the person liable to pay maintenance fails to do so, the court can issue a warrant for the person's arrest.
   • The court can also pass a decree for the recovery of the unpaid amount and can order the attachment of the person's property.

3. Non-Compliance Penalty:

   • If the person ordered to pay maintenance does not adhere to the order and the amount is overdue, they may be penalized under this section.
   • The court may imprison the person for failing to pay the maintenance or may take other legal actions to recover the maintenance amount.

4. Attachment of Property:

   • The court may direct that the property of the person who fails to comply with the maintenance order be attached. This is done to ensure that the maintenance amount is recovered.
   • This can include seizing assets such as movable or immovable property.

5. Enforcement of Maintenance Orders Across Jurisdictions:

   • If the person who is ordered to pay maintenance resides in a different jurisdiction or district, the court can transfer the maintenance order to the court in the district where the person resides.
   • This ensures that the order is enforced even if the person liable to pay maintenance is not in the same jurisdiction as the applicant.

Punishment

Punishment for Non-Compliance:

• If the person fails to make the payment, the court may pass a warrant of arrest to bring the person before the court.
• Additionally, the court may impose a penalty such as imprisonment or other actions until the maintenance is paid.