"The provisions of the Criminal Procedure Code relating to maintenance as also the Domestic Violence Act which are beneficial legislations for protection of women such as the wife in this case are required to be construed so as to benefit those persons for whom they are enacted," said Justice Roshan Dalvi. The court dismissed a petition filed by a city resident who had challenged the NBW issued against him by a magistrate over his failure to pay maintenance to his wife, despite court orders.
"The Magistrate issuing NBW seems to have followed the special procedure for the arrest of the husband for non-payment of the maintenance ordered to be paid. Such procedure and such procedural order is within the framework of the Act and hence cannot be faulted as it is not seen to be illegal,'' the judge said, adding, "The NBW shall be executed unless the husband pays off the entire arrears now due and payable."
Seema Patil had moved against her estranged husband Ashish Patil under the domestic violence law. The court under section 20 of the law asked Ashish to pay her monthly maintenance. The provision empowers magistrates to direct a man to pay monetary relief for the expenses incurred or losses suffered by a woman or her child as a result of the domestic violence, including loss of earnings, medical expenses, and damage of property or maintenance.
Ashish failed to pay the maintenance and ran up arrears to the tune of Rs 56,000. Seema then approached the magistrate, who issued an arrest warrant against Ashish — saying he will be released only if he pays the dues at the time of execution of the warrant.
(Names changed to protect the couple's identity)
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