Order 3

Order Details: Order
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IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44th COURT, ANDHERI, MUMBAI.
C. C. No. 285/DV/2018
Indu Dilip Chaudhary … Applicant
V/s
Dilip Gova Chaudhary & Ors., … Respondents
ORDER PASSED BELOW EXH.NO.25
(Passed on 18/04/2024.)
The applicant who filed the petition under Section 12 of the
Domestic Violence Act, has moved this interlocutory application for grant of
residence order under section 19 of the Protection of Women from Domestic
Violence Act on the ground that the respondent performed second marriage
and deserted her. It is further alleged that she was subjected to domestic
violence at her matrimonial shared household Ghanchivas House No.1/92
which is situated in Vond Village, Gujarat State. According to her, the
respondent did not allow her and their daughter to reside in the said shared
household and now the respondent has planned to alienate or to create third
party interest in the said shared household in order to deprive the applicant
from exercising her legal right in respect of the said shared household. Hence,
she filed this interlocutory application.
2. In spite of having ample opportunity, the respondent did not file
the say to this application.
3. 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 appeal filed by the
respondent against this order was dismissed. The record shows that the
respondent has not paid a single pai towards the due maintenance. In such
(Sujitkumar C. Tayde)
M.M.,44th Court, Andheri, Mumbai.
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circumstances, if the respondent is allowed to disposed of the shared
household, then it will be troublesome for the applicant to recover the due
maintenance amount.
4. Moreover, the applicant has stated that she and her daughter
has no any residence to reside. It is established on record that the house
property mentioned in this application comes within the ambit of shared
household where the applicant was residing with the respondent in domestic
relationship. In such circumstances, having regard to the settled provisons of
section 19 of the Protection of Women from Domestic Violence Act, I am
inclined to allow this application. Resultantly, I pass the following order:
O R D E R
1. The application filed at Exh.No.25 is allowed.
2. The respondent No.1 Dilip Chaudhary is hereby strained from
dispossessing the applicant and her daughter from the said shared
household. The respondent no.1 is further restrained from alienating
or disposing off or encumbering the said shared household until further
order.
3. Copy of this order be supplied to the parties free of cost.
4. Copy of this order be forwarded to concerned police station for further
compliance in accordance with law.
Sd/
(Sujitkumar C. Tayde)
Metropolitan Magistrate,
Date : 18.04.2024 44th Court, Andheri, Mumbai.
spj
(Sujitkumar C. Tayde)
M.M.,44th Court, Andheri, Mumbai.
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