Order 10

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.285/DV/2018
Indu Dilip Chaudhary … Applicant
V/s
Dilip Gova Chaudhary … Respondent
ORDER PASSED ON APPLICATION DATED 22/07/2025 FOR EXECUTION OF
COMPENSATION ORDER
(Passed on 21/02/2026)
The applicant who is aggrieved person has filed this application
for execution of the compensation order dated 22/07/2025 passed by this
Court. According to the applicant, this Court already directed to the
respondent no.1, Dilip to pay the amount of Rs.20,00,000/- (Rupees Twenty
Lakh only) to the applicant as the compensation under section 22 of
Protection of Women from Domestic Violence Act, 2005. But the respondent
no.1, Dilip did not comply the said order. According to her, the respondent
no.1 is having his ancestors joint family property in Village - Vond, District -
Kutch, State - Gujarat and therefore, the said property needs to be seized for
recovery of the compensation. Hence, this application came to be filed.
2. The respondent no.1, Dilip filed his reply on 13/11/2025 to this
application. In his reply, he stated that the applicant got divorce and the
applicant and her father used filthy language against him and his family
members when he tried to resolve the dispute. According to him, the
applicant filed this application to put him in jail and he is in not in position to
pay the compensation amount. Thus, he opposed the application on the
ground that the applicant filed this application to extort unjustified money
from him.
3. Having heard both the side, I perused the record.
4. It is admitted position that this Court has passed the order below
Exh.No.21 on 18/04/2024 whereby the respondent no.1, Dilip is directed to
pay Rs.20,00,000/- (Rupees Twenty Lakh Only) to the applicant as the
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compensation under section 22 of the Protection of Women from Domestic
Violence Act, 2005. The record shows that this order has not been challenged
and there is no stay granted by the higher Court in this mater. Moreover, it
appears that the said order dated 18/04/2024 has not been complied with till
today. In such circumstances, I find substance in this application.
5. According to the applicant, the respondent no.1, Dilip is having
his ancestors property at Village - Vond, District - Kutch, State - Gujarat. The
respondent no.1 has not specifically denied this fact. Therefore, it can be
inferred that the respondent no.1 has sufficient means to pay the
compensation amount as per the order dated 18/04/2024.
6. In fact, as per the provisions of section 27 (2) of Protection of
Women from Domestic Violence Act, 2005, any order passed under this Act
shall be enforceable throughout India. Hence, I do not find any hurdle to
allow this application. Resultantly, I pass the following order:
ORDER
1 The application is allowed.
2 The District Collector of District – Kachchh, State – Gujarat is hereby
directed to execute the order dated 18/04/2024 in accordance with
law.
3 The concerned Protection Officer shall provide his/her assistance for
execution of the said order dated 18/04/2024.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 21/02/2026 44th Court, Andheri, Mumbai.
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