SAGAR SUDHAKAR SHENDGE Vs. NAINA SAGAR SHENDGE

JUDGEMENT

(1.) The Petitioner is the husband against whom maintenance order has been passed U/s.20 of the Protection of Woman from Domestic Violence Act (DV Act). The Petitioner has challenged the order of maintenance in the Sessions Court in which the Petitioner has not obtained any stay of the order ordering maintenance U/s.20 of the DV Act. The husband breached the order of maintenance. Consequently, wife applied for execution of the order of maintenance. Hence the wife filed an application for issue of warrant for recovery of the maintenance amount. Consequent, NBW has been issued. The Petitioner has challenged the order of issuing NBW.

(2.) In his application the learned Judge observed that an appeal was preferred, but no stay was granted and that the husband (petitioner herein) was given ample opportunity to deposit interim maintenance but he was only binding time. Hence learned Magistrate granted the application of the wife and issued the NBW. He also directed that if the Respondent paid off the arrears of maintenance which was Rs.56,000/ he will be released at the time of the execution of the NBW. The amount of maintenance payable under the same order is now much more.

(3.) Counsel on behalf of the Petitioner has contended that the learned Magistrate has no powers to issue NBW under the DV Act.