J Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned AGP waives notice on behalf of State. Mr. Bhuvan Singh waives notice on behalf of Respondent No2. With consent of parties, the Petition is taken up forthwith for final hearing.

(2.) By this Petition challenge is to the order dtd. 20/1/2024 passed by the Metropolitan Magistrate in C.C. No 96/DV/2018 sentencing the Petitioner to undergo simple imprisonment of 47 months for default in payment of maintenance of 47 months with the condition that if the Petitioner paid the amount earlier, he shall be released forthwith.

(3.) The facts of the case are that C.C. No. 96/DV/2018 was preferred by the Respondent No 2 wife under the provisions of Protection of Women from Domestic Violence Act, 2005 (D.V. Act.) on 18/8/2018 seeking various reliefs under Sec. 18, 19, 20, 21, and 22 of the D.V. Act. By order dtd. 23/9/2019, passed under Sec. 23 of the D.V. Act, the Metropolitan Magistrate interalia directed the Petitioner to pay sum of Rs.15,000.00 per month as interim maintenance to the Applicant and a sum of Rs.10,000.00 per month to their daughter Mahek. By an Application dtd. 6/1/2020 filed under Sec. 25 of the D.V. Act, the Petitioner sought modification of the interim maintenance order, which is stated to be pending. As the interim maintenance was being paid intermittently in installments, an Application for issuance of arrest warrant came to be filed by Respondent No. 1-wife on 27/7/2023 setting out details of the part payments made on various dates from 4/12/2019 to 10/7/2023 amounting to Rs.3,25,000.00. It was contended that the arrears of maintenance of 59 months aggregates to Rs.11,50,000.00 as from the date of filing of the Application the maintenance has been granted out of which only a sum of Rs.3,25,000.00 has been received. By order dtd. 8/11/2023, the Metropolitan Magistrate observed that no payments were made after 10/7/2023 and issued arrest warrant against the Petitioner under Sec. 125 (3) of Cr.P.C. read with Sec. 28 of the D.V. Act for recovery of interim maintenance of Rs.11,58,000.00. Subsequently, an application was filed on 16/12/2023 by the Respondent No 2 wife for reissuing of arrest warrant. On the same date another application was filed by the Respondent No 2 wife seeking issuance of arrest warrant now contending that the arrears of maintenance is for 64 months amounting to Rs.16,00,000.00 out of which only Rs.3,25,000.00 has been paid. On the application seeking re-issuance of arrest warrant, arrest warrant was issued on 27/12/2023. The arrest warrant came to be executed and the Petitioner was produced before the Metropolitan Magistrate and by order dtd. 20/1/2024, the Metropolitan Magistrate noted that the Petitioner is willing to deposit Rs.1,00,000.00 and he be permitted to deposit. It was held that despite deposit of Rs.1,00,000.00 there are arrears of Rs.11,75,000.00. Resultantly, the Petitioner was sentenced to simple imprisonment for the period of 47 months for the default in payment of arrears of maintenance of 47 months.