Sagar Sudhakar Shendge v Naina Sagar Shendge, 2013 (3) ABR 597
The wife filed an application u/s 12 of the DV Act against her husband. The magistrate directed the husband to pay maintenance to the wife which he breached. Hence the wife filed an application for issue of warrant for recovery of the maintenance amount. Consequently, a warrant was issued. Aggrieved, the husband challenged this order but it was dismissed. The magistrate held that if he paid off the arrears of maintenance which is an amount of Rs.56,000/-, he would be released at the time of execution of the warrant. Aggrieved, the husband appealed in the sessions court which was dismissed. The magistrate issued a non-bailable warrant against the husband on his failure to pay the maintenance amount. Thereafter the husband filed an application for quashing in the High Court contending that the warrant cannot be issued under the DV Act. Dismissing the husband’s contentions, the Bombay High Court considering the various provisions of the Act, stated that a warrant can be issued if the husband flouts the orders of the Court.