Allahabad High Court
MAHESH CHANDRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the interim maintenance order and arrest warrant was dismissed as a prima facie case existed against the applicant.
Summary
The applicant, Mahesh Chandra, filed an application under Section 528 of the Criminal Procedure Code seeking to quash an interim maintenance order dated 11 May 2023 and a subsequent arrest warrant dated 18 February 2026. The maintenance order, issued under Section 23 of the Protection of Women from Domestic Violence Act, required the applicant to pay Rs.4,000 to his wife and Rs.1,000 each to their two minor daughters, but the applicant had not made any payment for over two and a half years. The applicant also argued that the matter should be referred to a Mediation and Conciliation Centre for settlement. The court examined the record and noted that the wife had no source of income and the applicant had failed to comply with the maintenance order, indicating a prima facie case against him. Consequently, the court found no ground to interfere with the maintenance order or the arrest warrant. The application to quash both orders was therefore dismissed.
Issues considered
- Whether the interim maintenance order under Section 23 of the Domestic Violence Act can be quashed under Section 528 CrPC.
- Whether the arrest warrant issued for non‑payment of interim maintenance can be set aside.
- Whether the dispute should be referred to mediation despite the applicant's non‑payment of maintenance.
Legislation cited
Subjects
- Domestic Violence
- Interim Maintenance
- Section 528 CrPC
- Arrest Warrant
- Mediation
- Non‑payment of Maintenance
- Quash Order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18605 of 2026
Mahesh Chandra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pratibha Vohra, Rajesh Bohra
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State
and perused the record.
2. Present application has been filed to quash the order dated 11.05.2023
passed by learned Civil Judge (J.D.)/ F.T.C., Sambhal at Chandausi in
Complaint Case No. 05 of 2023 (Smt. Chandravati Vs. Mahesh Chandra
and others) under Section 23 of Domestic Violence Act, P.S. Mahila
Thana, District Sambhal and also quash the arrest warrant dated
18.02.2026.
3. Counsel for the applicant submits that applicant is husband of opposite
party no. 2 and marriage was solemnized 12 years ago, thereafter two
daughters born but on account of mental and physical torture, by the
applicant and his family members, the opposite parties were ousted from
the house of the applicant, hence the present complaint. The learned court
vide order dated 11.05.2023 allowed the interim maintenance application
directing the applicant to pay Rs.4000/- to opposite party no. 2 and
Rs.1000/- to both minor daughters (total Rs.6000/- per month) as interim
maintenance. It is next submitted that applicant is husband and if the
matter is referred to Mediation and Conciliation Centre, there is chances
of settlement between the parties.
4. On perusal of order impugned, it is apparent that interim maintenance
application has been allowed vide order dated 11.05.2023 more than two
and a half years have passed but the applicant has not paid a single
NA528 No. 18605 of 2026
2
amount to opposite parties and now recovery warrant has been issued
against the applicant. On perusal of the order, it is apparent that
complainant has no source of income to maintain herself and minor
daughters. The prayer to refer the matter to Mediation Centre cannot be
considered as applicant has not deposited interim maintenance amount
and moreover the applicant has chance to make prayer before the learned
Magistrate for Mediation.
5. In view of the above, prima facie, case is made out against the
applicant. No interference is warranted, at this stage.
6. The application is accordingly, dismissed.
(Deepak Verma,J.)
May 6, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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