Interim Order 3

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.327/DV/2018
Mrs. Vanita Bhalchandra Rane … Applicant
V/s
Mr. Bhalchandra Keshav Rane … Respondent
ORDER BELOW EXH.NO.16
(Passed on 12/06/2025)
The applicant who filed the petition under Section 12 of the
Domestic Violence Act, has moved this application for issuance of distress
warrant against the respondent, Bhalchandra Rane for recovery of the due
maintenance amount of Rs.6,32,000/- on the ground that she is in need of
maintenance allowance and the respondent avoided to pay the said due
amount.
2. The respondent against whom the distress warrant is sought to
be issued, opposed the application on the ground that he is senior citizen and
he has no property. According to him, he has challenged the order passed by
this Court and therefore, warrant cannot be issued against him.
3. Having heard the learned advocates for both the side, I perused
the record.
4. After perusal of the record, it appears that this Court allowed the
interim application filed under section 23 (2) of Protection of Women from
Domestic Violence Act, 2005 on 03/05/2024 and thereby the respondent
Bhalchandra is directed to pay sum of Rs.8,000/- per month to the applicant
as the interim maintenance from the date of application filed at Exh.No.2.
5. It is reflected that though the respondent challenged the said
order, yet there is no stay from higher Court against the said order dated
03/05/2024. Hence, I have no hesitation to hold that the order passed by this
Court is in force.
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6. The respondent submitted that he is 75 years old and resides at
the mercy of his relatives. But at the same time, it cannot be denied that the
applicant who is aggrieved person, depends upon the respondent. Moreover,
there is no document filed on record to show that the applicant has any
source of income. On the other hand, the applicant has filed some relevant
documents regarding the immovable property held by the respondent. It is
also pertinent to note here that daughter of the respondent namely Nisha
Babu filed the private complaint case (114/SW/2025) against the present
applicant on 15/05/2025 wherein she mentioned that her father i.e.
Bhalchandra Keshav Rane owns a house where the alleged offence took place.
Thus, it appears that the daughter of the respondent has stated on oath in
another case that the respondent is having immovable property at Model
Town, J. P. Road, Four Bungalow, Andheri (W), Mumbai. In such
circumstances, it can be said that there is substance in the present application
on hand. Hence, considering the object of the Protection of Women from
Domestic Violence Act, 2005 and the conduct of the respondent, following
order would meet the ends of the justice.
ORDER
Issue distress warrant against the respondent Bhalchandra Rane for
recovery of the due maintenance amount as per law on his address shown
in the application.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 12/06/2025 44th Court, Andheri, Mumbai.
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