Interim Order 5

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.315/DV/2018
Padmavati Balla … Applicant
V/s
Venugopal Balla and Ors., … Respondents
ORDER ON APPLICATION FOR ISSUANCE OF WARRANT AGAINST
THE RESPONDENT
(Passed on 07/11/2025)
The applicant who filed the petition under Section 12 of
the Domestic Violence Act, has moved this application for issuance of
distress warrant against the respondent No.1 for recovery of the due
maintenance amount on the ground that she is in need of maintenance
allowance. According to her, she has to deposit the educational fees of
her children, but the respondent deliberately avoided to make the
payment as per the order passed by this Court. Hence, she prayed to
issue arrest warrant against the respondent,Venugopal.
2. The learned advocate for the respondent submitted that
respondent is not capable to pay the maintenance because he is jobless.
According to her, the respondent is ready to take the responsibility of
his both daughters and therefore, this application may not be allowed.
3. Having heard the learned advocate for the applicant, I
perused the record.
4. It is pertinent to note here that on 23/04/2025, this Court
passed the order on the application moved by the respondent for
cancellation of distress warrant. While filing that application, the
respondent undertook to pay the due amount within the considerable
period by selling his house situated at Dombivali, Mumbai. Moreover, he
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deposited Rs.50,000/- on 23/04/2025. While allowing that application
this Court noted that the respondent expressed his willingness to settle
the matter amicably and accordingly, the matter was referred for
mediation. However, this Court has directed the respondent to pay the
due amount till the matter is settled in mediation. But the matter was
not settled in the mediation and the report to that effect is filed on
record.
5. After perusal of record, it appears that during the pendency
of the mediation proceeding, the respondent did not make the due
payment. Even since last six months the respondent is avoiding to pay
the due maintenance amount. It is pertinent to note here that while
filing the say to this application, the respondent mentioned that he is
jobless. But at the same time, he submitted that he is ready to take the
responsibility of his two daughters. Thus, it appears that the
respondent has taken lame excuses and avoided to pay the due
maintenance to the applicant.
6. The record shows that the applicant is jobless lady and she
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
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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 :- 07/11/2025 44th Court, Andheri, Mumbai.
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