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2026 Supreme(Online)(MP) 118424
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Rajesh Kumar Gupta, J
Anuj Shakya – Appellant
Versus
Surbhi – Respondent
MISC. CRIMINAL CASE No. 49290 of 2026
Important Points
Subject
Family Law - Maintenance
Act Referred
Headnote
Issues: Whether the order for issuance of an arrest warrant against the petitioner for non-payment of maintenance should be stayed.
Legal Category Hierarchy
-
family law
- maintenance and alimony
-
practice and procedure
- execution of orders
- revisional jurisdiction
For the Appellants/Petitioners: Mayank Kumar Sharma
For the Respondents: Brajesh Kumar Tyagi
ORDER
The present petition has been filed under Section 528 of the BNSS against the order dated 15.09.2026 passed by the Principal Judge, Family Court, Bhind, District Bhind, whereby arrest warrant has been issued against the petitioner.
Learned counsel for the petitioner submitted that the petitioner has been trapped in the case on false pretext as the respondent/wife is well established and working as Government employee in the Forest Department. This fact was being hid by the respondent/wife and on false pretext maintenance in sought from the petitioner. The fact of employment of the respondent has been admitted by herself. The petitioner is continuously obeying the court order and is paying maintenance. Hence, the order of the court below dated 15.09.2026 deserves to be stayed.
Heard.
From perusal of the material available on record, this Court finds that there is due to the tune of Rs.5 Lakh towards the petitioner/husband. In the opinion of this court the court below has passed a well self-contained speaking and reasoned order in accordance with law and statutory provisions. Therefore, no interference is warranted in the present case.
Hence, this petition is dismissed.
