1. Heard learned Counsel Shri Sudhir Moharir for the petitioner and learned Counsel Shri R.R. Vyas for the respondent.

2. Rule. Rule made returnable forthwith by the consent of the learned Counsel appearing for the parties.

3. The petitioner has moved this Court by invoking powers of this Court under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure. The petitioner is aggrieved by the order passed by the learned Magistrate in Misc. Criminal Application No.890/2012 (Sushma vs. Sachin). The order, which is questioned before this Court, reads as under:-

“Perused the application and stay.

Heard learned Advocate for both sides.

Applicant relied on 2013 All M.R.(Cri.) 2572. Learned Advocate for N.A. has opposed that Magistrate has no powers. N.A. has not paid any amount towards interim maintenance. Learned Advocate has also confessed that N.A. has not paid any amount towards interim maintenance order which is passed on Exhibit 13.

Provision under Section 28(2) is very clear when N.A. has not paid amount and not complied the order, she cannot be kept high and dray. Magistrate is empowered under Section 28(2) to issue

N.B.W. Citation filed by