I filed for divorce in 2018. Ex filed MC and DV cases against me afterwards. Rs. 30,000 interim maintenance was awarded in MC case in 2019. And I have been paying since. DV Case final judgement - Rs. 10 lacs compensation and Rs.35,000 per month maintenance including arrears awarded. I didn't pay the monthly maintenance as I was waiting for the MC and HMOP judgement. My ex got a NBW against me for not paying the maintenance awarded in the DV case. In 2026, in MC final judgment, Rs60,000 per month maintenance was awarded, and DV case maintenance was set off. Now, what should I do in the DV court to revoke the NBW? Do you I have to file a case/petition or is it an application? Will the process take a long time? And how much should lawyers charge for this? Thank you.
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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
