Order 9

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.285/DV/2018
Indu Dilip Chaudhary … Applicant
V/s
Dilip Gova Chaudhary … Respondent
COMMON ORDER PASSED BELOW APPLICATION DATED 16/09/2025 FOR
ISSUANCE OF ARREST WARRANT AGAINST THE RESPONDENT FOR NON-
PAYMENT OF THE DUE MAINTENANCE AMOUNT AND APPLICATION DATED
22/07/2025 FOR EXECUTION OF MAINTENANCE ORDER.
(Passed on 21/02/2026)
The applicant who is aggrieved person has filed this application
for issuance of arrest warrant against the respondent on the ground that this
Court granted the maintenance of Rs.20,000/- per month to her and
Rs.5,000/- per month to her child on 15/05/2019. But the respondent
namely Dilip intentionally failed to comply the order. According to the
applicant, she and her child are in need of maintenance amount to fulfill their
fundamental needs. Hence, this application came to be moved.
2. Per contra, the respondent resisted the applications on the
ground that the applications are filed with malafide intention and she got
divorce decree on 26/12/2024. According to him, the applicant is misusing
legal provisions as a tool to extort unjustified money from him.
3. Having heard both the side, I perused the record.
4. The applicant argued that unless and until the warrant is issued
against the respondent, the maintenance amount cannot be recovered. On the
other hand, the learned advocate for the respondent submitted that the
respondent has no source of income.
5. After perusal of record, it is reflected that since the date of
passing the order i.e. since 15/05/2019, the respondent did not satisfy the
order. Moreover, whenever the warrant for recovery of the maintenance
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amount was issued by this Court against the respondent, he appeared but did
not deposit the due amount. Thus, it appears that the respondent used to
disobey the order passed by this Court. Moreover, there is no stay granted by
higher Court in this matter. Hence, it can be said that the order passed by this
Court on 15/05/2019 regarding grant of the maintenance amount is still in
force.
6. The record shows that the applicant is jobless lady who is in
need of financial support. Hence, having regard to her bonafide need and the
conduct of the respondent, this Court is of humble opinion that the warrant
for arrest of the respondent is required to be issued. In order to support my
view, I am guided by the ratio laid down by the Hon’ble Bombay High Court
in the case of
Sagar Shendge Vs Naina Shendge and Ors., reported in 2013
(3) ABR 597 wherein the Hon’ble Bombay High Court held that -
“The Magistrate issuing NBW, therefore since to have followed the
special procedure for the arrest of the husband for non-payment of the
maintenance ordered to be paid and such procedure and the
procedural order is within the framed work of Section 28(2) of
Protection of Women from Domestic Violence Act, 2005.” (Para 22)
In view of the discussion noted above and the ratio laid down in the
citation supra, I pass the following order:
ORDER
Issue NBW against the respondent for non-payment of the due
maintenance amount.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 21/02/2026 44th Court, Andheri, Mumbai.
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