13.WP.551.2026 Judgment.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO.551 OF 2026 PETITIONER :- Aelish Azad S/o Abdul Kalam, aged about 29 years, Occ- Service, R/o Flat No.101, First Floor, Raghava Apartment, Nelson Chowk, Besides Karim Hotel, Vijay Nagar, Nagpur – 13. ..VERSUS.. RESPONDENTS :- 1) State of Maharashtra Through PSO of PS, Sadar, Nagpur. 2) Suhana Azad W/o A,blish Azad, aged about 27 years, Occ- Household, 3) Master Aarean Azad S/o Aelish Azad, Age : Minor, through Mother Guardian i.e. respondent No.2. Both R/o C/o. Mirza Jafar Baig, Plot No.76-77, Shubham Nagar, New Yerkheda, Kalamna Road, Kamptee, Dist. Nagpur. ------------------------------------------------------------------------------------------------------------------------------------ Mr.Y.J. Sheikh, Advocate for Petitioner. Ms. Ritu Sharma, A.P.P. for the respondent No.1/State. Mr. A.K. Neware, Advocate for Respondent Nos.2 and 3. ------------------------------------------------------------------------------------------------------------ CORAM : MEHROZ K. PATHAN, J. DATE : 28 /09/2026 JUDGMENT : 1. Heard. 2026:BHC-NAG:12947 13.WP.551.2026 Judgment.odt 2 2. The petition is filed for challenging the warrant dated 15.07.2026 issued by the learned Family Court in Execution/Maintenance proceedings No.ER-183/2024. 3. The learned counsel for the petitioner, Mr. Sheikh, submits that the warrant was issued as the petitioner was in dues of Rs.3,00,000/- towards the arrears of maintenance. The application was also filed for seeking adjournment and for some time to make the payment. The order dated 15.07.2026 by which his application came to be rejected and the order dated 16.05.2026 directing husband/father to pay an amount of Rs.3,00,000/-, failing which the warrant will follow, had come into operation. 4. The learned counsel Mr. Sheikh submits that during the pendency of the present writ petition, the petitioner has already shown his bonafide by depositing an amount of Rs.2,50,000/- which includes the recent Demand Draft of Rs.50,000/- deposited before the Family Court, Nagpur. Only an amount of Rs.50,000/- is remaining towards arrears of maintenance. The petitioner is further ready to deposit the remaining amount of Rs.50,000/- within a period of two 13.WP.551.2026 Judgment.odt 3 weeks. The petitioner may therefore be given some time for deposit of the same and the arrest warrant likely to be issued by the Executing Court as per the order dated 16.05.2026 may be set aside. 5. As against this, Ms. Ritu Sharma, learned A.P.P. for the respondent No.1/State and Mr. Neware, learned counsel for the respondent Nos.2 and 3 submit that the petitioner is a habitual defaulter in depositing the arrears of maintenance. The petitioner is not even paying the regular maintenance as awarded by the Family Court i.e. amount of Rs.50,000/- towards the interim maintenance. Every now and then, the respondent No.2/wife had to move the Executing Court for filing applications for seeking the compliance of the order. Mr. Neware further submits that the challenge to the interim maintenance order as well as the application for modification of the interim order both came to be rejected thereby confirming the order of interim maintenance. The petition is devoid of substance and merit and is thus liable to be rejected. 6. I have gone through the orders dated 16.05.2026 and 15.07.2026. The learned Executing Court has observed that if the 13.WP.551.2026 Judgment.odt 4 petitioner failed to deposit an amount of Rs.3,00,000/-, an arrest warrant will follow. The application for seeking time and adjournment for depositing the aforesaid amount came to be rejected vide order dated 15.07.2026. 7. Thus, taking into consideration the bonafides shown by the petitioner in depositing a total amount of Rs.2,50,000/- before the Family Court, Nagpur, I am inclined to grant one opportunity to the petitioner to show his bonafides by depositing the remaining amount of Rs.50,000/- and pass the following order :- ORDER (a) The writ petition is allowed. (b) The impugned order dated 15.07.2026 rejecting the application for adjournment and bringing the order dated 16.05.2026 into operation, stands quashed and set aside. (c) The petitioner shall deposit the remaining amount of Rs.50,000/- within a period of two weeks from today before the Family Court, Nagpur. (d) Failure on the part of the petitioner to deposit the aforesaid amount of Rs. 50,000/-, as undertaken, before the Family Court within two weeks, shall render this 13.WP.551.2026 Judgment.odt 5 order automatically vacated. The original order of issuance of non-bailable warrant passed by the Family Court, Nagpur shall be restored and appropriate action shall be taken by the Family Court, Nagpur taking into consideration the conduct of the petitioner in not complying with the undertakings. (e) The respondent/wife is at liberty to file appropriate application for the execution of the original order of regular interim maintenance. (f) Writ Petition is disposed of in above terms. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 30/09/2026 16:50:23