Mohammed Azeem AND Sabeeha & Others, 2026
It ensures protection of fundamental rights under Article 21, even while enforcing statutory civil obligations.
Judgement Details
Court
Karnataka High Court
Date of Decision
6 January 2026
Judges
Justice Lalitha Kanneganti
Citation
Acts / Provisions
Facts of the Case
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Petitioner Mohammed Azeem challenged a Family Court order issuing a Look Out Circular (LOC) against him while executing a maintenance order under Section 125 CrPC.
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Family Court had issued the LOC based on non-compliance of maintenance dues, as the petitioner resided outside the country.
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Petitioner contended:
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Family Court lacked jurisdiction to issue LOCs.
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Coercive enforcement measures for maintenance are limited and should be used only for wilful default, per Rajnesh v. Neha.
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Respondent-wife argued that the husband’s non-compliance left the Court with no option but to issue LOC.
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High Court examined the nature of LOCs, noting they are intended for criminal offenders evading the law, not for civil enforcement of maintenance orders.
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Court further noted procedural lapses where suspended LOCs were not promptly withdrawn by authorities.
Issues
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Whether a Family Court has the power to issue a Look Out Circular while executing an order under Section 125 CrPC?
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Whether issuing an LOC for non-payment of maintenance violates Article 21 rights of the husband?
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Whether authorities are obliged to immediately withdraw an LOC when ordered by the court?
Judgement
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High Court allowed the petition, setting aside the Family Court’s LOC order.
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Held that Family Courts have no authority to issue LOCs in Section 125 CrPC proceedings.
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Clarified that coercive measures for enforcement of maintenance must be in accordance with Supreme Court guidance and limited to wilful and contumacious default.
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Directed Director General of Police to issue instructions to ensure suspension or withdrawal of LOCs is promptly communicated to Bureau of Immigration.
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Directed Registrar General to circulate the order to all courts executing Section 125 CrPC orders to prevent issuance of LOCs in such cases.
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Observed that failure to comply with these directions could lead to departmental action against responsible officers.
Held
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Family Court cannot issue LOCs for enforcement of maintenance orders.
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LOCs are meant for criminal processes, not civil obligations.
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Authorities must ensure compliance with court orders regarding suspension or withdrawal of LOCs.
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Petitioner’s Article 21 rights upheld, preventing undue restriction on personal liberty.
Analysis
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Reinforces distinction between civil enforcement (maintenance orders) and criminal law tools (LOCs).
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Ensures protection of fundamental rights under Article 21, even while enforcing statutory civil obligations.
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Provides procedural safeguards: Authorities must promptly act on suspension orders, or face accountability.
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Aligns with Supreme Court principle in Rajnesh v. Neha, limiting coercive enforcement measures to wilful defaults only.
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Strengthens judicial clarity on jurisdiction of Family Courts vis-à-vis criminal enforcement tools.