FARID HANIF SUNASRAversusSAIMA FAIRD SUNASRA

                                                    23-WP-2986-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
            CRIMINAL WRIT PETITION NO.2986 OF 2026


Farid Hanif Sunasra                                   …Petitioner
      Versus
Saima Farid Sunasra                                   …Respondent


Mr. Pravin Nemade, for the Petitioner.
Mr. P. P. Jadhav, APP, for the Respondent-State.


                      CORAM:       MADHAV J. JAMDAR, J.
                      DATED :      9th OCTOBER 2026
PC:-


1.       Heard Mr. Nemade, learned Counsel appearing for the

Petitioner and Mr. Jadhav, learned APP appearing for the

Respondent-State.



2.       By this Writ Petition filed under Article 227 of the

Constitution of India, the challenge is to the legality and validity of

the impugned order dated 23rd March 2026 passed by the learned

Judicial Magistrate First Class (“JMFC”), 44th Court, Andheri,

Mumbai, below application for issuing of Non-Bailable Warrant

(“NBW”) against the Respondent in C.C. No.42/DV/2021. By the




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said order, NBW has been issued against the Petitioner for non-

payment of the oustanding maintenance amount.



3.       It is submitted by Mr. Nemade, learned Counsel appearing

for the Petitioner by relying upon the decision of the Nagpur Bench

in the case of Sachin s/o. Suresh Bodhale vs. Sushma w/o. Sachin

Bodhale1, that NBW cannot be issued for non-payment of amount

of interim maintenance awarded under the provisions of the

Protection of Women from Domestic Violence Act, 2005. It is

further submitted that the learned Magistrate is required to follow

the procedure prescribed under the Code of Criminal Procedure,

1973, for enforcement of an order directing payment of

maintenance, whether such order is interim or final.



4.       Perusal of the record shows that by order dated 11 th October

2024, the learned JMFC directed the Petitioner to pay maintenance

of Rs.20,000/- per month to the Respondent. While passing the

said order, the learned JMFC observed that the Respondent had

studied only up to the 10th Standard and is without any

maintenance. On the basis of the affidavit of assets and liabilities


1        Criminal Writ Petition No.305/2014 (Nagpur Bench)




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filed by the Petitioner, the learned JMFC noted that the Petitioner

is a Mechanical Engineer earning a salary of Rs.1,00,000/- per

month. In addition, he earns more than Rs.75,000/- per month by

working as a coach. It has been noted that in fact, the annual

turnover of his company is Rs.50,00,000/-.



5.       The said order dated 11th October 2024 has been challenged

by the Petitioner before the learned Appellate Court. However, it is

pertinent to note that no stay has been granted to the operation of

the said order.



6.       In these circumstances, as the Petitioner was not paying the

maintenance, the Respondent filed an application seeking issuance

of an arrest warrant against the Petitioner on account of non-

payment of the outstanding maintenance amount. By the

impugned order, the learned Magistrate has allowed the said

application.



7.       During the hearing of this Writ Petition, the learned

Advocate of the Petitioner has been asked to take instructions of

deposit of at least 50% of the maintenance amount, however,




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learned Counsel appearing for the Petitioner, on instructions, states

that the Petitioner is not ready to deposit the said amount.



8.       Although, learned Counsel has relied on the decision of a

learned Single Judge in the case of Sachin s/o. Suresh Bodhale

(supra), learned Trial Court has relied on the decision of this Court

in the case of Sagar Sudhakar Shendge vs. Naina Sagar Shendge &

Ors.2.



9.       It is also required to be noted that this Writ Petition has been

filed under Articles 226 and 227 of the Constitution of India. The

writ jurisdiction is extraordinary and discretionary jurisdiction.

This is a case where the Respondent who has passed only 10 th

Standard and without any maintenance for last about 5 years has

filed domestic violence proceedings in the year 2021 along with

application for interim maintenance. The learned JMFC passed the

order below Exhibit-3 in C.C. No.42/DV/2021, which has been

filed in the year 2021, on 11th October 2024 and granted payment

of maintenance of Rs.20,000/- per month. For last five years, the

Respondent is without any maintenance. As noted earlier, the


2        2013 SCC OnLine Bom 1954




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        learned Trial Court has observed that the Petitioner is Mechanical

        Engineer and he is getting salary of Rs.1,00,000/- per month.

        Apart from that, he earns Rs.75,000/- as coach.



        10.      Accordingly, in the facts and circumstances, as the Petitioner

        is not ready to pay any maintenance amount, no interference in

        the impugned order is warranted.



        11.      The Writ Petition is dismissed.




                                                    [MADHAV J. JAMDAR, J.]




       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.10.09
       18:44:35
       +0530




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