Pune Court Authorizes Police to Seize Property for Non-Payment of Maintenance
A Pune court has ordered the police to trace and attach the assets of a man and his family for failing to pay maintenance and compensation to his wife in a domestic violence case.
PuneDomestic ViolenceProperty SeizureMaintenanceDistress WarrantReal Estate PuneOct 13, 2025
Lalita had approached the court on March 9, 2021, under the Protection of Women from Domestic Violence Act, 2005, claiming that her husband, Jay, and his family subjected her to both mental and physical harassment. Despite multiple summons, Jay repeatedly failed to appear in court hearings.
“Even after several notices, the respondent deliberately avoided attending court, leaving us with no option but to pursue the matter legally,” said Lalita’s lawyer, Adv. Pushkar Patil.
The court subsequently issued an ex-parte order against Jay, directing him and his family to pay Rs 40,000 as maintenance and compensation, along with Rs 5,000 towards legal expenses. However, Lalita did not receive the mandated payment despite repeated reminders.
Following continued non-compliance, Lalita’s legal team—including Adv. Ruturaj Pasalkar and Adv. Pratik Patil—filed a petition seeking enforcement of the earlier order.
After reviewing the petition, the court approved the issuance of a Distress Warrant. This legal instrument authorizes police to identify, inspect, and seize movable or immovable property of the defaulters to recover the unpaid dues.
A senior police officer involved in the case confirmed, “We have been instructed to locate and attach assets of the respondent and his family to ensure that the maintenance and compensation ordered by the court are duly paid to the aggrieved party.”
What is a Distress Warrant?
Under the Protection of Women from Domestic Violence Act, a Distress Warrant allows courts to take coercive action when an individual fails to comply with a maintenance or compensation order. Police can seize property of the defaulter, which may then be attached or sold under judicial supervision to ensure the aggrieved party receives the owed amount.
Frequently Asked Questions
What is the Protection of Women from Domestic Violence Act, 2005?
The Protection of Women from Domestic Violence Act, 2005 is a comprehensive legislation in India designed to protect women from any form of violence, including physical, emotional, verbal, and economic abuse, within the family or domestic relationships.
What is an ex-parte order in a domestic violence case?
An ex-parte order is a legal order issued by a court in the absence of one of the parties involved. In domestic violence cases, it is often issued when the respondent fails to appear in court despite being duly summoned.
What is a Distress Warrant and how is it used?
A Distress Warrant is a legal instrument that authorizes the police to seize the property of a defaulter to recover unpaid maintenance or compensation ordered by the court. It is a coercive measure to ensure compliance with court orders.
How does the court decide on the amount of maintenance and compensation?
The court considers various factors such as the income and financial status of the parties, the needs of the aggrieved woman and her children, and the standard of living enjoyed by the family before the domestic violence occurred to determine the amount of maintenance and compensation.
Can the police sell the seized property to recover the dues?
Yes, the police can sell the seized property under judicial supervision to recover the unpaid maintenance and compensation ordered by the court. The proceeds from the sale are used to pay the aggrieved party.
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