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2025 Supreme(Online)(Guj) 4180
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
BHARTI SUNIL PRAJAPATI – Appellant
Versus
STATE OF GUJARAT & ORS. – Respondent
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 989 of 2014
For the Appellants/Petitioners: MR NL RAMNANI
For the Respondents: PUBLIC PROSECUTOR
The court underscored the necessity of enforcing maintenance orders and executing non-bailable warrants against the husband for failure to comply.
Headnote:(A) Constitution of India - Articles 226, 227 - Maintenance enforcement - Petition filed to direct arrest of husband for non-payment of maintenance and to enhance maintenance amount - Previous orders for maintenance issued but non-bailable warrant remained unexecuted - Court reiterated existing warrants must be enforced. (Paras 1-8)
(B) Family Law - Right to maintenance - Importance of compliance with family court orders and the challenges faced in enforcing maintenance due to husband's avoidance. (Paras 2-7)
Facts of the case:
The petitioner, legally wedded to the husband, seeks enforcement of maintenance orders due to his non-compliance, leading to petitions and warrants issued against him over long duration.
Findings of Court:
Non-bailable warrants are necessary and ordered to be executed due to the persistent avoidance by the husband of all court orders concerning maintenance.
Issues: The core issue addressed was the enforcement of maintenance orders and the compliance of warrants issued against the respondent husband.
Ratio Decidendi: The court emphasized the necessity for adherence to maintenance orders and the importance of executing existing non-bailable warrants to uphold judicial authority.
Result: The non-bailable warrants issued shall continue to be in effect until the husband is arrested or the court's order is otherwise set aside.
| Table of Content |
|---|
| 1. history of maintenance disputes and non-compliance. (Para 1 , 2) |
| 2. petitioner's arguments seeking police arrest for compliance. (Para 3) |
| 3. court's directions on enforcement of family court orders. (Para 4 , 5 , 6) |
| 4. ending enforcement actions on warrants. (Para 7) |
ORAL ORDER
1. This petition is filed under the Article 226, 227 of the Constitution of India praying following relief:
“To direct the respondent No.3, 4 and 5 to arrest the respondent No.2 and produce him before this Court and further direct the respondent No.2 to deposit the entire due and outstanding amount of maintenance before this Court and in turn the said amount be disbursed to the petitioner.
To award heavy and exemplary cost to the petitioner from the respondent No.2.”
2. Facts of the case are as under :-
2.1 The petitioner is legally valid wife of the respondent No.2. The matrimonial disputes arose between the parties within very short span of marriage life and the divorce proceedings was also initiated. The petitioner has been driven out of her matrimonial home. Besides filing the other proceedings, she was also filed the Criminal Miscellaneous Application No.407 of 2005 under the provisions of Section 125 of the Code of Criminal Procedure before the Family Court, Ahmedabad. Though the respondent no.2 was served, he did not appear in the said proceedings before the Family Court, Ahmedabad. Ultimately, the Family Court, Ahmedabad, partly allowing the application of the petitioner and passed ex-parte order and awarded a monthly maintenance of Rs.2,500/- to the petitioner.
2.2. The respondent No.2 who is husband of the present petitioner has preferred number of petitions before this court as well as before the Hon’ble Supreme Court challenging the maintenance award. However, he remained unsuccessful.
In absence of respondent No.2, this court has issued non-
bailable warrant vide order dated 11.06.2024.
2.3. The petitioner has also approached this court to enhance the amount of maintenance from Rs.2,500/- to Rs.7,500/- with additional demand of Rs.50,000/- towards the cost of different litigation. The petitioner also approached learned Family Court, Ahmedabad under Section 125(3) of the Code of Criminal Procedure for execution of maintenance order, for recovery of maintenance amount, wherein multiple warrants have been issued by the learned Family Court, Ahmedabad, including issuance of non-bailable warrants against the respondent husband. The summons, attachment warrants and arrest warrants were sent to respondent No.2 through the other respondents. But the respondent No.2 managing with the respondent No.3, 4 and 5 has been avoiding execution of warrants in the recovery proceedings. There has been no compliance of such orders.
2.4. In view of the above, the petitioner has approached this court by way of this petition and prayed to direct the respondent No.3, 4 and 5 to arrest the respondent No.2 and produce before this court for compliance of the orders passed by learned Family Court, Ahmedabad in recovery proceedings filed by the petitioner for the recovery of due and outstanding amount of maintenance.
3. Learned advocate Mr. N. L. Ramnani appearing for the petitioner has submitted this issue of maintenance before this court under Article 226 of the Constitution of India is maintainable and requested to direct the police ofÏcer to trace out the respondent No.2. However, the police has done nothing and stated that respondent No.2 is not traceable. Learned advocate Mr. Ramnani further submitted that since the competent Family Court has passed orders for arresting the respondent No.2, those orders have not been executed by the Police Inspector, Naroda Police Station, Ahmedabad, Gujarat, or the Police Inspector, Ekdil Police Station, district – Etawah, Uttar Pradesh. In this hopeless situation, the petitioner has prayed for appropriate relief.
3.1. Learned advocate Mr. Ramnani has submitted this court to pass the order directing the Police Department
