HC admonishes judge, orders examination of his conduct

Saurabh Malik
Tribune News Service
Chandigarh, March 21

“God have mercy on the litigants that appear in his court,” the Punjab and Haryana High Court asserted while admonishing a judge belonging to subordinate judiciary. The HC also directed its Registrar-General to get his conduct examined on the administrative side and never to post him in a “Family Court” again as he appeared to lack “judicial temperament and the desired approach”.

Describing his orders as terrifying and nasty, the Bench added it was notorious in its unlawful consequences.

The damning judicial indictment came on a petition filed by an ex-husband challenging two orders dated October 4, 2019, and November 29, 2019, passed by the Ludhiana Additional Principal Judge, Family Court, vide which warrants of imprisonment were issued in execution proceedings for recovery of maintenance.

The court was told a notice was not served on the petitioner, yet warrants of imprisonment were issued twice. “Had he not approached this court, he would have been called an ex-jailbird,” Justice Raina said.

The Bench said the “Family Court” acting under the Hindu Marriage Act was not exercising the powers of a Magistrate, who under Section 125 (3), CrPC, could order imprisonment for a month in default of payment of maintenance. “The question of putting the defaulter in prison, to be sent in the proverbial handcuffs, does not arise in the present proceedings in enforcement of arrears of maintenance by the ex-wife.”

Justice Raina made it clear no man could be proceeded against and sent to the civil jail straightaway for recovery of debt without due service of notice and show cause.