Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.No.131/DV/2024
CNR No.MHMM18-010900-2024
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
12TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.24
1. The respondents have filed this application seeking prayer to
dismiss the petition on the ground that the allegations are false and
vexatious, the suppression of material fact with object to usurp
immovable property etc. Perused application and say filed by the
applicant. Perused documents. Heard Ld. Advocates for both parties.
2. Admittedly, the respondent No.1 is sister-in-law of applicant and
respondent No.2 is husband of respondent No.1. The husband of
applicant and brother of respondent No.1 is died on 18.03.2024.
Deceased husband and applicant has a 14 years old male child.
3. The contention of the respondent is that the allegations made by
the applicant are false. The applicant was absconding for more than
decade. She has made criminal trespass in the subjected house. The
complaint is filed by the respondent to that effect. The applicant is not
aggrieved person as per the scheme of Domestic Violence Act. She has
filed this case to grab the parental immovable property of respondent
No.1. She has filed this D.V. case to counter blast the criminal complaint
filed by respondent No.1 against the applicant. The applicant has
trespassed, she has broken and opened the flat in dispute in absence of
respondent. Said property is self acquired property of the respondent’s
parent. Since 05.05.2024 she has forcibly dispossessed the respondent
No.1 by criminal trespass.
4. Considering the contention of the respondent it appears that the
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C.C.No.131/DV/2024
CNR No.MHMM18-010900-2024
applicant is in possession of the concerned flat which is shared
household. I have perused the pleading in main application. According
to applicant, the respondents being relatives of her deceased husband
have mentally and physically harassed her. She has pleaded the act of
domestic violence done by the respondents. The respondents have not
averred in their application that they have no domestic relations with
applicant and they have not resided with applicant in the shared
household. Therefore, in absence of adjudication of the disputed issues
on merit, it can not be said at this stage that the allegations made by the
applicant are false. Hon’ble Bombay High Court in Writ Petition No.3810
of 2025 vide order dated 19.09.2025 has dismissed the petition of
respondents filed on same grounds.
5. The Ld. Advocate for respondents has cited the following case
laws :
Anil Bhaurao Salway and ors. Vs Pooja Swapnil Salway (Criminal
Application (APL) No.434 of 2021), Mrs. Kinjal Jayesh Mehta Vs Mrs.
Disha Jimit Sanghvi and anr. (Criminal Writ Petition (ST.) No.18350 of
2023), Durga Das Panigrahi and ors. Vs Sweta Mishra (CRLMC No.597
of 2022), Delhi HC CRL.M.C.1797/2020, CRL.M.A.12592/2020, Kailashi
@ Lali and ors. Vs Ramkripa (2023:RJ-JP:36169), Mr. Prabhakar Mohite
and anr. Vs The State of Maharashtra and anr. (2018:BHC-AS:24626),
Mareppa and ors. Vs Pushapanjali (2021:KHC-K:6757), Geddam Jhansi
and anr. Vs The State of Telangana and ors. (2025 INSC 160), Sanket
Ravindra Dhonge and ors. Vs State of Maharashtra and ors. (Criminal
Application (APL) No.166/2019), Muppidi Lakshmi Narayana Reddy
and ors. Vs The State of Andhra Pradesh and anr. (2025 INSC 562),
Mohan Mangu Rathod and ors. Vs Ujwala Sandip Rathod @ Ujwala D/o.
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Sahebrao Chavan and anr. (2023:BHC-AUG:26655) and Krishnawati
Devi and ors. Vs State of U.P. and anr. (Neutral Citation
No.2025:AHC:11572). I have perused cited case laws. The facts in cited
case laws are distinguishable with the above facts of the case in hand.
Hence, with utmost respect the cited case laws are not applicable to the
case in hand.
6. Considering the above discussed reasons, the petition filed by the
applicant can not be dismissed. Hence, I proceed to pass following
order:
ORDER
Application is rejected.
( Girish S. Mane )
Judicial Magistrate First Class
Date : 09.12.2025 12th Court, Bandra, Mumbai.
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