Legal Question in Family Law in India

You should approach the court which has issued NBW to declare the accused persons as PROCLAIMED OFFENDER. Once they are declared as PO, the court may attach their property. You may not have to approach the High Court for this purpose.

for this exercise of getting their property attached, you do not have to approach the high court and same would be done by the magistrate himself. once the NBWs are not complied with, the accused are declared proclaimed offender and their property can be attached u/s 82 of crpc. but you will have to prove that the property stands in their name as joint family property is not liable to attachment. you may also get a red corner notice issued and compel the accused to appear before indian courts.

for this exercise of getting their property attached, you do not have to approach the high court and same would be done by the magistrate himself. once the NBWs are not complied with, the accused are declared proclaimed offender and their property can be attached u/s 82 of crpc. but you will have to prove that the property stands in their name as joint family property is not liable to attachment. you may also get a red corner notice issued and compel the accused to appear before indian courts.

for this exercise of getting their property attached, you do not have to approach the high court and same would be done by the magistrate himself. once the NBWs are not complied with, the accused are declared proclaimed offender and their property can be attached u/s 82 of crpc. but you will have to prove that the property stands in their name as joint family property is not liable to attachment. you may also get a red corner notice issued and compel the accused to appear before indian courts.

u r not required to approach High Court. The provisions contained in Code of Criminal Procedure,1974, pertaining to compelling attendance of an offender, r sufficient to answer ur issue. I m quoting the relevant provisions below

Section 82- Proclamation for person absconding.�(1) If Any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:�

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

1[(4) Where a proclamation published under sub‑section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

(5) The provisions of sub‑sections (2) and (3) shall apply to a declaration made by the Court under sub‑section (4) as they apply to the proclamation published under sub‑section (1).]

Section 83- Attachment of property of person absconding.�(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,�

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court,

it may order the attachment simultaneously with the issue of the proclamation.

(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made�

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases�

(a) by taking possession; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

I may make it clear that there is no impediment provided in Code of Criminal Procedure in getting share of a member of a Joint Family attached in order to compell his attendance before court.

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