Dear Sir/Madam,

File an application in the DV execution court for recall/cancellation of NBW, enclosing the certified copy of the MC final judgment, proof of MC maintenance payments, and the set-off finding.

Also clarify that the DV compensation of Rs.10 lakhs is separate unless specifically set off by court. If any balance arrears remain, offer to deposit/pay as directed.

The recall can be decided quickly if documents are clear, but time depends on the court. Lawyer fees are not fixed and vary by city, seniority and work involved.

Advocate Saurabh Agrawal

You may have to instruct your lawyer to recall the NBW pending against you and you may also be required to be present physically because waiving the physical presence of the accused is the discretion of the court and if the court insists on physical presence then the NBW may not be recalled.

For recalling the NBW pending against you, it is pertinent that you may have to surrender before court and execute bond if required by court, though the maintenance award passed in the DV case has been set off. 

The time traken and the lawyer's fee can be enquired from your own lawyer

You need to file application for cancellation of NBW in court

Dear Client, To revoke the non bailable warrant in a domestic violence case you must immediately file a recall of warrant application before the same magistrate who issued it Since the final judgment in your maintenance case has now set off the domestic violence maintenance you have a strong legal ground to show the court that the arrears are no longer due in the manner previously calculated you should attach a certified copy of the final maintenance case order which clearly states the set of as your primary evidence do not attempt to address this through a new case this is a procedural application within your existing domestic violence case file.

The process of recalling non bailable warrant is generally swift provided you appear in person with your legal counsel the magistrate will typically require you to appear demonstrate your intent to comply with the courts latest orders and show that the previous arrears has been superseaded or adjusted by the new maintenance case judgment while the court may impose a small cost or ask for a partial payment of any outstanding balance is to cancel the warrant this process usually concludes in one to two hearings because you have been consistently the earlier interim maintenance of rupees 30, 000 emphasize your history of compliance to demonstrate that you are not a wilful defaulter.

Regarding legal costs professional fees vary significantly depending on the reputation of the advocate and the complexity of your case in Delhi for filing a recall application and appearing for a few hearings a lawyer might charge anywhere between Rs 15000 to Rs 40000 though this can fluctuate based on whether you are retaining them for the entire domestic violence case or just this specific procedural hurdle. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

1. It is not clear whether in the MC your ex agreed tp withdraw the DV case or not. Or whether in the contest f MC the High Court or the sessions court has dismissed the DV case or not.

2. if not then the DV case is to be first withdrawn or set aside. For this your ex will have to take initiative.

3. The District Court  through MC can not set aside the DV case. 

your lawyer along with your father can appear before court for setting aside NBW . 

Take the plea that you are not in position to travel to india as you are working abroad and may be exempted from personal appearnce 

file application at the earliest 

Based on the facts stated by you, the subsequent final judgment in the Maintenance Case (MC) directing payment of ₹60,000/- per month while specifically granting a set-off of the maintenance awarded in the Domestic Violence (DV) proceedings is a material subsequent event that ought to be brought to the notice of the DV Court at the earliest. The set-off granted by the competent court is intended to avoid duplication of maintenance and, therefore, has a direct bearing on the execution proceedings pending before the DV Court.

Since a Non-Bailable Warrant (NBW) has already been issued on account of non-payment of maintenance awarded in the DV proceedings, the appropriate course would be to move an application before the concerned DV Court seeking recall/cancellation of the NBW. Along with the application, you should place on record a certified copy of the subsequent MC judgment and submit that the liability towards maintenance now stands governed by the later judgment, which has expressly provided for adjustment of the maintenance awarded under the DV Act. You should also explain the circumstances in which the maintenance under the DV order was not paid and request the Court to consider the subsequent judicial determination while deciding the execution proceedings.

As regards your personal appearance, since you are presently residing outside India, it may be open to you to seek exemption from personal appearance by filing an appropriate application through your counsel. If you have already executed a valid Power of Attorney in favour of your father for conducting the proceedings, or if you have previously been permitted to participate through video conferencing, these facts may also be brought to the notice of the Court while seeking exemption or permission to appear virtually. The grant of such exemption, however, remains within the discretion of the Court and would depend upon the facts and circumstances of the case.

There is no specific statutory limitation prescribed for bringing a subsequent judgment on record or seeking recall of an NBW in such circumstances. However, you should act with reasonable promptitude. Since the MC judgment materially affects the maintenance liability under the DV proceedings, it is advisable to approach the DV Court without unnecessary delay so that the subsequent judgment can be considered before any coercive steps are taken.

The proceedings for recall of the NBW are ordinarily initiated by filing an application in the pending DV proceedings and not by instituting a fresh case. The time required for disposal would depend upon the workload of the concerned Court and whether the application is contested by the opposite party. If the subsequent MC judgment clearly directs a set-off of maintenance and the facts are undisputed, the application may be decided expeditiously.

Accordingly, the appropriate legal course would be to promptly file an application before the DV Court seeking recall of the NBW, place the subsequent MC judgment on record, pray for adjustment of maintenance in terms of the set-off granted by the competent court, and, if necessary, seek exemption from personal appearance or permission to appear through video conferencing until your physical presence is specifically required by the Court.

Dear Sir/Madam,

Yes, you can file an application through your advocate for recall of NBW and exemption from personal appearance/permission to appear through video conference, as you are outside India.

Your father’s POA can assist, but the court may still insist on your appearance if it finds it necessary.

There is no strict limitation period, but you should file it immediately with the certified MC judgment, payment proofs, and explanation of set-off.

Advocate Saurabh Agrawal

If judge directs you to appear then you have to appear

• The execution of the DV maintenance order has been structurally altered by the final MC judgment.
• The DV maintenance has been legally set off/adjusted against the ₹60,000 MC award, in compliance with the Supreme Court’s landmark Rajnesh v. Neha (2020) ruling on overlapping maintenance.
• The default calculation used to issue the NBW is now factually incorrect and legally obsolete.

• The Procedure: Your lawyer will list the Recall Application before the magistrate. You will need to physically appear in court with your lawyer on that day to show your submission to the court's jurisdiction.
• The Outcome: Magistrates almost always recall the warrant immediately if the litigant shows up with an advocate and provides a valid legal judgment (like your 2026 MC order) that changes the math of the arrears. The court may ask you to execute a personal bond or pay a nominal processing fine (typically ₹500 to ₹2,000) to formally cancel the warrant.

• Standard Local / District Court Rates: ₹10,000 to ₹25,000.
• Premium / Senior Counsel Rates: ₹30,000 to ₹50,000 (if the matter requires complex arguments on the exact calculation of arrears).
• Tip: Negotiate this as a fixed, one-time fee specifically for the single task of getting the warrant canceled.

1. The ₹10 Lakhs Compensation: Has this been paid, stayed by a higher court, or appealed? The NBW might have been issued for non-payment of this compensation alongside the maintenance.
2. The Arrears Gap: The DV order was for ₹35,000, and the old interim MC was ₹30,000. Ensure that any minor difference in arrears from previous years is calculated so your ex cannot argue that you still owe a balance despite the 2026 set-off.

1. Secure the MC Order: Obtain the certified copy of the 2026 MC final judgment immediately.
2. File the Application: Have your lawyer draft the recall application this week.
3. Surrender and Recall: Go to court with your lawyer on the designated morning to get the NBW deleted from the police records.

Please note tg though  your father has been handling the cases via a Power of Attorney (POA), criminal courts generally do not allow a POA holder to substitute for the accused when dealing with an arrest warrant. A NBW is a command to the police to arrest you and bring you to court; therefore, the court’s default expectation is physical surrender.

High Courts across India have increasingly ruled that physical presence is not a sine qua non (absolute requirement) to recall a warrant if the circumstances justify it. Your lawyer can file an application requesting the DV court to dispense with your physical appearance and allow you to appear via Video Conference (VC) specifically for the recall of the NBW. Since you have already successfully conducted your cross-examination via VC, you have a strong precedent.

Be ready to join a virtual link on the day of the hearing if the judge grants the VC request to verify your identity and formalize the recall.

You need to file a Recall Application (specifically under Section 70(2) of the CrPC / corresponding Section 72(2) of the BNSS). It is a standard criminal application, not an entirely new case.

Objections raised by you ex would be considered by court before passing iof orders  by court 

You have to serve a copy of any petition filed by you to the opposite side without which the court will not accept your petition/application.

Being an opponent, they have all the rights to object the petition filed by you.

The court will decide about it after hearing the arguments of both the sides.

Generally the court will allow the petition on costs payable to opponent.

Obviously she will 

But her objections won't be considered 

The NBW has become infructuous and inexecutable now 

If court directs you to serve the other side then definitely they will know

Dear Sir/Madam,

Yes, your ex-wife and her lawyer will generally come to know once the recall application is filed/served or taken up by the DV court.

They can object to recall of NBW, especially if they dispute set-off, arrears, or non-payment. Since your matters were contested, this application may also be opposed.

Your advocate should file the recall application with an urgent prayer for stay/suspension of NBW, exemption from personal appearance/VC appearance, MC judgment, and payment proofs.

Advocate Saurabh Agrawal

Yes. Once you file the application for recall/cancellation of the NBW, your wife (the decree-holder/applicant in the DV case) and her advocate will ordinarily be served with a copy of the application or will receive notice through the Court. They will therefore become aware of the application.

They are also entitled to file a reply and oppose the application. In a heavily contested matrimonial dispute, it is quite common for the opposite side to contest such applications. They may argue that:

• the NBW was rightly issued due to non-compliance with the DV order;

• the subsequent Maintenance Case (MC) judgment does not wipe out the earlier default;

• arrears or compensation awarded under the DV judgment still remain payable; or

• the recall should be conditional upon deposit/payment of certain amounts.

However, the fact that the application may be contested does not mean it lacks merit. The DV Court is bound to consider the subsequent MC judgment, particularly if it expressly grants a set-off of the maintenance awarded under the DV proceedings. A subsequent judicial order materially affecting the maintenance liability is a relevant circumstance that the Court cannot ignore while considering whether coercive process should continue.

The Court will hear both sides and then decide whether the NBW deserves to be recalled, cancelled, or modified, and whether any conditions should be imposed. Much will depend upon the wording of the MC judgment, the extent of the set-off granted, the amount of arrears (if any) remaining after adjustment, and whether the compensation awarded under the DV judgment has been complied with.

Since your DV, MC and divorce proceedings have all been contested, you should expect this application also to be contested. That is fairly routine in matrimonial litigation and should not discourage you from filing it promptly.

Your advocate should place before the DV Court:

• the certified copy of the MC judgment;

• the operative portion granting the set-off;

• a calculation showing the effect of the set-off on the maintenance liability;

• details of the maintenance already paid under the MC proceedings; and

• a prayer for recall of the NBW and for disposal of the execution proceedings in accordance with the subsequent judgment.

A well-supported application with complete calculations generally places the Court in a much better position to appreciate the effect of the subsequent judgment and determine whether the coercive process should continue.