Section 125 Cr.P.C. embodies a commitment to social justice by offering a safety net against destitution and the hardships of being without a stable living situation.

JUDGMENT

Swarana Kanta Sharma, J. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking issuance of direction to respondent no. 1 to produce respondent no. 2 before the competent courts and to execute NBWs against respondent no. 2.

2. It is stated that the petitioner was married to respondent no. 2 on 05.05.2001. Disputes arose between the parties on account of demand of dowry by respondent no. 2 and his addiction to alcohol as well as illicit relationship with two other women. The petitioner was allegedly thrown out of matrimonial home and is staying with her three children at her parental home since 13.03.2013. She had filed a petition under Section 125 Cr.P.C. and was granted interim maintenance of Rs.7,500/- per month vide order dated 26.04.2014. She had also filed a complaint under Section 12 of Domestic Violence Act before the concerned court, where the learned Judge had vide order dated 31.10.2016 fixed the maintenance @ Rs.10,000/- per month including rent for all tenant accommodation. The order of learned Magistrate was challenged before the learned ASJ who was pleased to uphold the order of learned MM and an FIR bearing no. 241/2023, for the offences punishable under Sections 498A/406/34 IPC was also registered at PS Bharat Nagar, Delhi and charge-sheet stands filed in that case. The witnesses have been examined in the said case.

3. Learned counsel for the petitioner states that respondent no. 2 has not been paying maintenance to the petitioner and her three minor children despite several execution petitions filed which are 60 in number. It is also stated that despite issuance of bailable warrants and NBWs against the respondent no. 2, he is not appearing to attend the execution proceedings. It is now stated that the petitioner is a homemaker and it is difficult for her to take care of her three minor children and herself and since the executing courts have not been able to ensure execution of the warrants, the petitioner has not been able to secure maintenance despite orders despite struggling for the last 10 years. It is, therefore, prayed that directions be issued to the learned Trial Court and respondent no. 1 to produce respondent no. 2 before the concerned court and for execution of NBWs.

4. This Court has heard arguments addressed by both the learned counsel for petitioner and learned APP for the State, and has perused the material on record.

5. In the present case, this Court is of the opinion that interim maintenance in this case was granted vide order dated 26.04.2014 passed by learned Principal Family Court, Rohini, Delhi and final order confirming the maintenance was granted vide order dated 31.08.2016 passed by learned Special Judge (P.C. ACT), CBI, Rohini Court, Delhi, and the petitioner has not yet been able to secure the amount of maintenance despite multiple execution proceedings being initiated by her.

6. The Hon'ble Apex Court in Rajnesh v. Neha, (2021) 2 SCC 324 had considered the delay in execution of maintenance orders, and observed as hereunder:

"V. Enforcement of orders of maintenance

Enforcement of the order of maintenance is the most challenging issue, which is encountered by the applicants. If maintenance is not paid in a timely manner, it defeats the very object of the social welfare legislation. Execution petitions usually remain pending for months, if not years, which completely nullifies the object of the law.

The Bombay High Court in Sushila Viresh Chhawda v Viresh Nagsi Chhawda, AIR 1996 Bom 94 held that:

"The direction of interim alimony and expenses of litigation under Section 24 is one of urgency and it must be decided as soon as it is raised and the law takes care that nobody is disabled from prosecuting or defending the matrimonial case by starvation or lack of funds."

An application for execution of an Order of Maintenance can be filed under the following provisions:

(i) Section 28 A of the Hindu M