Karnataka High Court: Family Courts Cannot Use Look Out Circulars to Enforce Maintenance Orders
Court says maintenance dues are civil obligations, not grounds for detention through LOCs
Judgment protects personal liberty under Article 21, clarifies remedies for enforcing maintenance orders
By Our Legal Reporter
New Delhi: December 26, 2025:
In a landmark ruling, the Karnataka High Court has held that Family Courts have no power to issue Look Out Circulars (LOCs) while executing maintenance orders under Section 125 of the Code of Criminal Procedure (CrPC). The judgment, delivered by Justice Lalitha Kanneganti, clarified that maintenance orders create civil obligations and cannot be enforced through measures designed for criminal proceedings.
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This ruling has far-reaching implications for family law, personal liberty, and the enforcement of maintenance rights in India
Background of the Case
The case arose from a dispute in which a Family Court issued a Look Out Circular against a husband who had defaulted on maintenance payments to his wife. The LOC was intended to prevent him from leaving the country until dues were cleared.
- The husband challenged the LOC before the Karnataka High Court.
- He argued that maintenance obligations are civil in nature and cannot justify restrictions on personal liberty.
- The Family Court’s order was seen as exceeding its jurisdiction.
Court’s Observations
Justice Lalitha Kanneganti made several key observations:
- Maintenance is a civil obligation: Orders under Section 125 CrPC are meant to ensure financial support for wives, children, and parents.
- LOCs are for criminal matters: They are intended to prevent accused persons from evading trial or investigation.
- Family Courts lack jurisdiction: Issuing LOCs is beyond the powers conferred on Family Courts under CrPC.
- Violation of Article 21: Continuing an LOC despite a court order amounts to illegality and violates the right to life and personal liberty.
- Proper remedies exist: Maintenance orders can be enforced through attachment of property, issuance of warrants, or civil imprisonment—not through LOCs.
The court set aside the Family Court’s order, reaffirming that civil remedies must be used to enforce maintenance dues.
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Wider Legal Context
This ruling aligns with established principles in Indian law:
- Section 125 CrPC: Provides a quick remedy for dependents to claim maintenance.
- Execution of Orders: Maintenance can be enforced through attachment of property or imprisonment for default.
- LOC Guidelines: Issued by the Ministry of Home Affairs, LOCs are meant for criminal cases involving absconding accused or economic offenders.
By clarifying that LOCs cannot be used in maintenance disputes, the Karnataka High Court has drawn a clear line between civil enforcement and criminal procedure.
Why This Judgment Was Necessary
The ruling was crucial for several reasons:
- Protecting Personal Liberty
- LOCs restrict freedom of movement.
- Using them in civil disputes undermines constitutional rights.
- Preventing Jurisdictional Overreach
- Family Courts must operate within the powers granted by law.
- LOCs are outside their jurisdiction.
- Ensuring Proper Remedies
- Civil remedies like property attachment and warrants are sufficient.
- LOCs are disproportionate in maintenance cases.
- Clarifying Legal Boundaries
- Prevents misuse of LOCs in family disputes.
- Ensures consistency in judicial practice.
Impact of the Judgment
The Karnataka High Court’s ruling has several implications:
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- For Families: Provides clarity on how maintenance orders can be enforced.
- For Courts: Prevents misuse of LOCs in civil disputes.
- For Individuals: Protects personal liberty under Article 21.
- For Legal Practice: Strengthens the distinction between civil and criminal remedies.
Lessons for Litigants
The case highlights important lessons:
- Know your remedies: Maintenance can be enforced through civil procedures, not LOCs.
- Challenge overreach: Orders exceeding jurisdiction can be set aside by higher courts.
- Protect liberty: Personal freedom cannot be curtailed in civil disputes.
- Seek legal advice: Proper guidance can prevent misuse of legal provisions.
Conclusion
The Karnataka High Court’s ruling that Family Courts cannot issue Look Out Circulars to enforce maintenance orders is a landmark clarification in family law. By protecting personal liberty and ensuring proper remedies, the court has reinforced the principle that civil obligations must be enforced through civil means.
This judgment provides relief to individuals facing disproportionate restrictions and ensures that family law remains fair, balanced, and consistent with constitutional rights.
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