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13. It is submitted that, the application of the Petitioners has been wrongly rejected by the JMFC, Pune, on erroneous ground that, the remedy for execution of arrears of maintenance is available to the Petitioners under Section 128 of the Cr.P.C read with Rule 6 (5) of the Rules framed under PWDV Act.

14. It is submitted that, even though an amount of Rs. 55,000 is quoted in the application at Exh-128, however, while advancing the arguments the petitioner had submitted an Excel Sheet containing correct figures of arrears of interim Kartikeya Goti, PA th 12 December 2025 27-WP-2335-2023 (FCJ) maintenance, which comes to Rs. 3,47,500/- as total due for 2019 as claimed in the Excel Sheet submitted before the JMFC (Exh-L on Page No114 of the Writ Petition). On the background of huge arrears of maintenance, the prayer made by the petitioner for the issuance of Arrest Warrant, should have been allowed by the learned Magistrate. Similarly, when an application below Exh-135 was filed for issuance of Distress Warrant for recovery of arrears of sum of 9,98,000/- produced in one Excel Sheet, it was again rejected on the same ground, i.e., the Petitioners should file an application under section 128 of Cr.P.C., for enforcement of the order of maintenance.

21. In the order passed on application at Exh-135, the learned Magistrate has rightly observed that, it appears that already a huge amount is paid by the Respondent, therefore there is no need for issuance of Distress Warrant and the Petitioners have to take recourse to Section 128 of Cr.P.C for execution of order. In support of his submission he relies on the observation made by Hon'ble Supreme Court in Rajnesh V/s. Neha & Another2, laying down guidelines for enforcement of interim orders. He submits that, the said judgment, unambiguously, holds that, so far enforcement of maintenance is concerned it can be claimed by taking aid of Section 20(6) of DV Act and Section 128 of the Cr.P.C . 2 (2021) 2 SCC 324 Kartikeya Goti, PA th 12 December 2025 27-WP-2335-2023 (FCJ)

Kartikeya Goti, PA th 12 December 2025 27-WP-2335-2023 (FCJ) "132. For enforcement/execution of orders of maintenance, it is directed that an order or decree of maintenance may be enforced under Section 28-A of the Hindu Marriage Act, 1955; Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as may be applicable. The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC, more particularly Sections 51, 55, 58, 60 read with Order 21."
27. On this background there is no doubt that, so far as execution of orders of maintenance is concerned, the applicant has to avail remedy as provided under Section 128 of Cr.P.C. In case of failure to get the order executed under Section 128 of Cr.P.C., the applicant may resort to coercive methods as provided under Section 125(3) as well as 421 of the Cr.P.C. Since the learned Magistrate was satisfied that, the case for forcible execution of the order was not made out by the Petitioners, he has rightly passed an order directing to avail remedy under Section 128 of the Cr.P.C.