The Judicial Magistrate First Class (JMFC), Andheri, has issued a Non-Bailable Warrant (NBW) against a man who failed to pay Rs 9,67,500 in accumulated maintenance arrears to his estranged wife, despite a clear order passed in May 2024 directing him to provide monthly support. The warrant was issued after the court noted that the husband had deliberately ignored its repeated directions.
Wife Seeks Protection and Maintenance
Advocate Adnan Mookhtiar, representing the wife, informed the court that she had approached the magistrate under Section 12 of the Protection of Women from Domestic Violence Act (PWDVA), seeking interim maintenance, a protection order, alternative accommodation, and the return of her stridhan.
Allegations of Domestic Violence and Illegal Activities
According to her application, the marriage took place in December 2020. She alleged that immediately after marriage, she discovered her husband was operating a dubious hotel and guesthouse business in Bangkok and was allegedly involved in illegal activities, including hawala transactions, unlawful money lending, and links with the underworld.
The woman further alleged continuous domestic violence by her husband and in-laws, claiming she was treated like a housemaid, forced to clean the entire household, denied proper food and basic amenities, and humiliated by being made to wear dirty clothes and dispose of garbage at midnight. She also alleged regular insults, threats, and denial of medical care.
Matters escalated in February 2021 when she learned her husband was wanted by the police in a hawala case. In April 2021, she allegedly discovered WhatsApp chats and objectionable photographs suggesting his involvement in prostitution and human trafficking. The family allegedly threatened to bring home a second wife and demanded Rs 25 lakh in dowry, threatening harm when she refused. She eventually lodged an FIR at Amboli Police Station in August 2022 under IPC Sections 498A, 406, 506, 504 read with Section 34.
Court Rejects Husband’s Claims of Limited Income
In her affidavit, the woman stated she had no independent income, suffered from polycystic ovary syndrome, and required ongoing medical treatment. She estimated her monthly expenses at Rs 25,225 and asserted her husband owned multiple businesses in Mumbai and abroad. The husband claimed he earned only Rs 9,000 per month as a delivery boy—a statement rejected by the court, which noted that the wife, having lived with him, was aware of his actual financial capacity.
Interim Maintenance Ordered but Ignored
After reviewing the evidence, the magistrate found a prima facie case of domestic violence and ruled that the woman was entitled to protection, alternative housing, and interim custody of her stridhan. In May 2024, the court directed the husband to pay Rs 30,000 per month as interim maintenance and an additional Rs 15,000 per month for rent.
Despite these directions, he failed to clear the arrears, which accumulated to Rs 9,67,500. Observing his wilful defiance, the Andheri JMFC issued a Non-Bailable Warrant, empowering the police to arrest him and produce him before the court.
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