Interim Order 4

Order Details: Order below Ex-1
Pdf Text: 1
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.89/DV/2018
Punam Harira Daulatramani … Applicant
V/s
Harira Chandru Daulatramani … Respondent
ORDER BELOW EXH.NO.1
(Passed on 29/05/2026)
The applicant moved the application for issuance of
warrant against the respondent no.1 for recovery of the due
maintenance amount of Rs.28,20,000/-. After considering the say of
the respondent no.1 on this application, this Court passed the order on
30/04/2026 and thereby directed the applicant and the respondent
no.1 to file only date wise details of the payment which might have
been paid by the respondent no.1 to the applicant and which might
have been received by the applicant from the respondent no.1 during
the period of 14/06/2018 to 30/04/2026 on their respective affidavits.
2. On 25/05/2026, both the applicant the respondent no.1
filed their respective affidavits. Having gone through these affidavits, it
is reflected that the applicant has mentioned the averments regarding
the settlement agreement dated 21/10/2024. However, she has not
given the date wise amount which might have been received by her
from the respondent no.1 during the aforesaid period. Thus, it appears
that instead of giving the details regarding the specific date wise
amount received by her during the aforesaid period, the applicant has
stated the another facts.
3. In fact, as per the order dated 04/07/2024 this Court
granted the maintenance of Rs.30,000/- per month to the applicant
only. However, the respondent no.1 has given the details regarding the
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payment made by him towards the tuition fees, school fees etc., Thus, it
appears that the affidavit filed the respondent no.1 is also not in
accordance with the directions given by this Court as per the order
dated 30/04/2026.
4. After perusal of the record, it is reflected that the
respondent no.1 challenged the order regarding interim maintenance
dated 04/07/2024 passed by this Court before the Hon’ble Court of
Sessions at Dindoshi, Borivali Division, Goregaon, Mumbai vide
Criminal Appeal No.185/2024. The Hon’ble Sessions Court passed the
following order in the said criminal appeal on 25/09/2025:-
ORDER
1 Application Exhibit-4 is partly allowed.
2 The execution of order dtd.04.07.2024 passed below Exh. 42 in C.C.No.80/DV/2018 is stayed
subject to appellant depositing 50 percent of arrears amount, as per said order, within a period of
two months before the trial Court.
3 Application Exhibit-4 stands disposed off accordingly.
Dictated and pronounced in open Court.)
Sd/-
( T.T.Aglawe )
Addl. Sessions Judge
Sessions Court,
Date :- 25/09/2025
Borivali Division, Dindoshi.
5. Thus, it appears that the respondent no.1 is under
obligation to deposit the 50% of the arrears amount and till the
payment of such arrears, the execution of order dated 04/07/2024
passed by this Court is stayed. In such circumstances, I pass the
following order:-
ORDER
1 The applicant and respondent no.1 are hereby again directed to
comply the order dated 30/04/2026 scrupulously.
2 The respondent no.1 is also hereby directed to file his affidavit
to show that he has complied with the order dated 25/09/2025
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passed by the Hon’ble Court of Sessions at Dindoshi in Criminal
Appeal No.185/2024.
3 Both the applicant and the respondent no.1 shall take note of
this order.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 29/05/2026 44th Court, Andheri, Mumbai.
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