Ex-husband who defaults on maintenance can be arrested: HC

Shibu Thomas TNN 

Mumbai: A non-bailable arrest warrant can be issued against a man who fails to pay maintenance ordered under the Domestic Violence Act, the Bombay high court has ruled. 
    “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 plea 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. 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 court against her estranged husband Ashish under the domestic violence law. The court asked Ashish to pay her monthly maintenance. 
    Ashish failed to pay the maintenance and ran up arrears of Rs 56,000. Seema approached the magistrate, who issued an arrest warrant against Ashish, saying he will be released only if he pays dues at the time of execution of the warrant. Ashish challenged the magistrate’s order. 
    (Names changed to protect the couple’s identity)

Source::: The Times of India, 05-04-2013, p.5, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW