What happens after the issue of distress warrant on the failure of maintenance by husband when the property is not even in the name of the husband?


The High Court has held that under the “Protection of Women from Domestic Violence Act,” If a man fails to pay his wife’s maintenance, a non-bailable warrant can be issued for his arrest. The High Court concluded that Section 25(1)(a) of the Code of Criminal Procedure pertaining to maintenance, as well as the Domestic Violence Act, which are beneficial legislation for women’s protection, must be read in favour of those for whom they were enacted.

If any person so ordered fails to comply with the order without sufficient cause, any such magistrate may issue a warrant for the levy of the sum due in the manner specified for the levy of penalties, as well as sentence the individual to imprisonment for a period equal to the whole or, as the case may be, interim maintenance and proceeding expenses that remain unpaid after the execution of the judgement.
A copy of the order of maintenance should be delivered to the person to whom the allowance for maintenance or the allowance for interim maintenance and proceeding expenses, as the case may be, is to be paid without charge, and such an order may be enforced by any magistrate in any location.

Reference: Section 125(1)(a) of The Code of Criminal Procedure – – AHG176 – 202100581 – 91 – 67 – 202100192-20210012-1222


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