Interim Order 2

Order Details: Order
Pdf Text: 1
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.238/DV/2023
Ruhin Aslam Zakaria … Applicant
V/s
Aslam Rafiq Zakaria … Respondent
ORDER ON APPLICATION FOR ISSUANCE OF WARRANT AGAINST
THE RESPONDENT FOR RECOVERY OF DUE MAINTENANCE AMOUNT
(Passed on 09/12/2025)
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 No.1 for recovery of the due
maintenance amount of Rs.7,35,000/- on the ground that the
respondent deliberately avoided to comply with the directions of the
Court and continues to make default regarding the payment of interim
maintenance.
2. It is further submitted by the applicant that she requires the
maintenance amount to meet the essential expenses. According to her,
though the respondent was given several chances to pay the due
maintenance amount, yet he deliberately disobeyed the order of the
Court and caused her gave financial and physiological hardships.
Hence, she has been constrained to file this application.
3. The respondent no.1 replied this application and stated
that his financial position was not considered while passing the order.
He intends to challenge the order.
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4. Having heard the learned advocates for both the sides, I
perused the record.
5. It is admitted position that this Court allowed the
application for interim maintenance allowance filed by the applicant on
24/03/2025 and thereby directed the respondent no.1 to pay sum of
Rs.30,000/- per month to the applicant and her minor daughter from
the date of filing the application i.e. from 21/09/2023. The order dated
24/03/2025 is still not challenged by the respondent no.1. Moreover,
the respondent no.1 has not paid single penny since the date of passing
order. Thus, the conduct of the respondent no.1 is sufficient to draw
the inference that he is deliberately avoiding to obey the order. Hence,
considering the bonafide need of the applicant, I pass the following
order:-
ORDER
1 Issue distress warrant for recovery of the due maintenance
amount as per law.
2 The protection officer shall ensure the execution of the distress
warrant.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 09/12/2025 44th Court, Andheri, Mumbai.
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