Nayab Sultana Abdul Majid v. Abdul Majid Abdul Salim

2026:BHC-NAG:7089-DB 1 wp 369.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL WRIT PETITION NO. 369 OF 2026 ( Nayab Sultana Abdul Majid and another ..vs.. Abdul Majid Abdul Salim ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.R. Deshpande, Counsel for the petitioners. CORAM : URMILA JOSHI-PHALKE & NIVEDITA P. MEHTA, JJ.

DATED : 06-05-2026 By this petition, the petitioners are seeking a direction to the Judicial Magistrate First Class to decide the execution proceedings bearing MCC No. 211/2024 pending before it. As per the contentions of the petitioners, the trial Court has passed an order on the application filed by the petitioners on 08-01-2024 and granted maintenance amount of Rs.4,000/- per month to petitioner No.1 and Rs.3,000/- per month to petitioner No.2 from the date of filing of the application. Thereafter the petitioners have filed the execution proceedings and several efforts are taken by petitioner No. 1 to execute the distress warrant and maintenance order. However, the petitioner is unsuccessful. The petitioners further contend that now the execution proceedings is pending before the learned Judicial Magistrate First Class and direction be given to the Judicial Magistrate First Class to dispose of it expeditiously.

2 wp 369.26 2.

Considering the limited request, notice is not required. Moreover, the facts on record show that the respondent is not appearing before the trial Court.

3.

Considering the limited request of the petitioners and as the execution proceedings is pending since 2024, no further relief is granted to the petitioners for execution of the order passed by the Judicial Magistrate First Class. She is relying upon the said maintenance amount. She has to maintain a small child also.

4.

Considering all these aspects, the Judicial Magistrate First Class shall dispose of the execution proceedings expeditiously, within three months from today.

5.

With this direction, the petition is disposed of. (Nivedita P. Mehta, J.) (Urmila Joshi-Phalke, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 07/05/2026 11:00:26