Interim Order 5

Order Details: Order
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IN THE COURT OF METROPOLITAN MAGISTRATE,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.285/DV/2018
Indu Dilip Chaudhary … Applicant
V/s
Dilip Gova Chaudhary & Ors., … Respondents
ORDER ON EXH.NO.24
(Passed on 18/04/2024)
The applicant in whose favour the interim maintenance
amount of Rs.20,000/ per month was granted on 15/05/2019 by this
Court, has moved the application for issuance of distress warrant for the
recovery of arrears of the maintenance which is to the tune of
Rs.14,00,000/ (Rupees Fourteen Lakh Only) on the ground that in
spite of having sufficient source of income, the respondent did not obey
the order passed by this Court. According to the applicant, the
respondent did not pay the maintenance amount and therefore, she has
been facing financial crises. Hence, this application came to be moved.
2. Per contra, the respondent opposed the application.
3. Having heard the learned advocates for both the sides, I
perused the record.
4. At the outset, it is pertinent to note here that this Court
granted interim maintenance amount to the tune of Rs.20,000/ per
month to the applicant and Rs.5,000/ per month to her daughter. The
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appeal filed by the respondent against this order was dismissed.
Therefore, the order passed by this Court remains unchallenged. The
record shows that the respondent has not paid any amount out of the
arrears as mentioned in this application till passing this order. Thus,
the conduct of the respondent is sufficient to come to the conclusion
that he has avoided to obey the order. Hence, I pass the following
order:
ORDER
Issue warrant against the respondent for recovery of the due
maintenance amount in accordance with law.
Sd/
( Sujitkumar C. Tayde )
Metropolitan Magistrate,
Date : 18/04/2024 44 th Court, Andheri, Mumbai.
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