The notice was sent following a petition filed by the Rajput community urging Gowarikar not to distort history in the portrayal of Jodhabai.
The court of additional chief judicial magistrate has sent notice to Gowarikar's production company - Ashutosh Gowarikar Production Pvt Limited - for reply by Dec 6.
Narendra Singh Rajawat, the secretary of Rajput Sabha, said in his petition that Jodhabai's actual name was Jagat Gosain and she was the daughter-in-law of Mughal Emperor Akbar.
He said that Gowarikar was presenting Jodhabai as the wife of Akbar. "You cannot make your own history and Ashutosh Gowarikar is making his own history. He is projecting Jodhabai, who is Akbar's daughter-in-law, as his beloved and making a love story out of that. This is totally distorting historical facts," Rajawat said.
When the case came up for hearing on Thursday, Rajawat told the court that Jodhabai was in fact the daughter of Motaraja Udai Singh of Marwar and was married in 1586 to Akbar's son Salim alias Jahangir.
He said Mughal king Shahjahan was the son of this Jodhabai. But Gowarikar has chosen to present Jodhabai as the wife of Akbar and daughter of Raja Bharmal of Amber near Jaipur, which is not historically correct.
Rajawat claimed such distortion of historical facts have hurt the feelings of the Rajput community. He urged the court to restrain Gowarikar from producing such a film and restrain him from showing Jodhabai as the daughter of Raja Bharmal of Amber. He said the name of Raja Bharmal's daughter was Harkabai alias Heera Kunwar.
Gowarikar has for the past over a month been shooting for the film on various locations in and around Jaipur.
Rajawat has also submitted several documents, including history books and statements of renowned historians, to suggest that Jodhabai was never married to Akbar. The petitioner's counsel Sanjeev Arora said the film would be a direct assault on the Indian social fabric as the romance between a man and his daughter-in-law is not acceptable in society.