Order 4

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.14
(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
recovery of her stridhan which is said to be illegally possessed by
respondent no.1 who is alleged to have committed domestic violence
towards the applicant. According to the applicant, she was deserted by
the respondent no.1 and he is not ready to keep and maintain her and
therefore, she is in need of the stridhan which is specifically mentioned
in this application.
2. This application came to be filed on 16/10/2019. But
during the span of four years, the respondent did not reply this
application. Hence, having regard to the nature of the dispute, this
application needs to be decided on merits.
3. At the outset, it is pertinent to note here that though the
respondent no.1 is directed to pay the maintenance of Rs.20,000/ per
month to the applicant and Rs.5,000/ per month to her daughter, yet
he has not paid a single pai in this regard. Moreover, the residence
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order has been passed in favour of the applicant. In such
circumstances, considering the financial status of the applicant and her
bonafide need for getting the custody of the said stridhan, I am inclined
to allow this application by invoking powers under section 28 of the
Protection of Women from Domestic Violence Act. Hence, I pass the
following order:
ORDER
1 The application stands allowed.
2 The respondent no.1 is hereby directed to handover the custody
of the stridhan and the articles as specifically mentioned in this
application to the applicant within one month from the date of
this order.
Sd/
( Sujitkumar C. Tayde )
Metropolitan Magistrate,
Date : 18/04/2024 44 th Court, Andheri, Mumbai.
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