- 07-Jul-2025
- public international law
Section 125 of the Criminal Procedure Code (CrPC) is a key provision that allows courts to direct a person (usually a spouse or parent) to provide financial support (maintenance) to a dependent. If a person refuses or fails to comply with the maintenance order, the law provides various enforcement mechanisms to ensure adherence to the court’s directive. One such measure is the potential arrest of the defaulter, especially if they willfully refuse to pay maintenance despite having the means to do so. Under Section 125(3) CrPC, if the respondent does not comply with the maintenance order, the court can issue a warrant for their arrest, making arrest a tool to ensure that maintenance payments are made. This mechanism is in place to compel compliance and protect the financial rights of the claimant, typically the spouse or children who depend on the maintenance.
Section 125(3) of the CrPC specifically provides for the arrest of a defaulter who refuses to comply with a maintenance order. If the person ordered to pay maintenance fails to do so, the court can issue a warrant for their arrest to compel them to attend court proceedings and ensure that payments are made.
The court will first issue a summons for the defaulter to appear before the court. If the defaulter repeatedly fails to attend court or makes no effort to pay the maintenance amount, the court can issue an arrest warrant. The defaulter’s failure to comply with the order of maintenance payment, coupled with a refusal to attend court, forms the grounds for arrest.
The primary goal of arresting a defaulter is not punitive, but to compel them to comply with the court’s order and ensure that the maintenance is paid. If the defaulter has the ability to pay but refuses to do so, arrest is seen as a method to bring them before the court and ensure the beneficiary (e.g., spouse, children) is supported financially.
Magistrates have the discretion to issue arrest warrants when the defaulter fails to pay the maintenance amount. This is done to prevent prolonged non-payment and to enforce the maintenance order, which is seen as crucial for the welfare of the dependent.
In cases where a defaulter’s non-compliance is particularly flagrant or willful, courts may also initiate contempt of court proceedings, which could lead to further legal consequences, including imprisonment, to enforce the maintenance order.
In addition to arrest, courts can also opt for alternative measures like attachment of the defaulter’s property or garnishment of wages to recover the maintenance amount. However, arrest remains one of the most immediate and direct methods to compel compliance.
If a defaulter is not paying maintenance, file a petition for execution of the maintenance order, and request the court to issue an arrest warrant.
Keep detailed records of missed payments and failed attempts to enforce the order through other means.
If the defaulter repeatedly avoids compliance, ask the court to consider contempt of court proceedings.
Seek legal advice to understand the best course of action if the defaulter is consistently non-compliant.
A woman is awarded monthly maintenance by a family court under Section 125 CrPC. However, her estranged husband refuses to pay the maintenance despite being employed and having sufficient means. The woman files an execution petition, and after several failed attempts to compel him to pay, the court issues a non-bailable arrest warrant. The husband continues to avoid the court order. Ultimately, he is arrested and brought before the court, where he is forced to make the required payments. This illustrates how the court uses the arrest provision to ensure compliance with maintenance orders and protect the rights of the beneficiary.
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