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2024 Supreme(Online)(Bom) 4418

BOMBAY HIGH COURT
Sharmila U. Deshmukh, J
REKHA SACHIN CHAUDHARY – Appellant
Versus
SACHIN NATHURAM CHAUDHARY AND ANR. – Respondent


Advocates:
Mr. Prashant Aher, Mr. Abhay Singh and Ms. Vipul Patil for the applicant. Mr. Mohammad Shine and Ms. Drishti Singh for respondent No.1. Ms. M. R. Tidke, APP for the respondent-State.

Judgment :

1. Rule. Rule made returnable forthwith and by consent taken up for final hearing.

2. By this revision, the applicant takes exception to the judgment and order dated 15th July 2023 passed by the Sessions Judge and the order dated 31st October 2018 passed by the Metropolitan Magistrate rejecting the applicant’s claim for interim maintenance under Section 23 of the Protection of Women from Domestic Violence Act, 2005 [for short, “the DV Act”].

3. Facts of the case are that the applicant filed application under section 12 of the DV Act seeking reliefs under Sections 18, 19, 20 and 22 and interim reliefs in terms of the prayers thereof under Section 23 of D.V. Act. The application came to be resisted by respondent no.1 by filing reply dated 3rd February 2018. Vide order dated 31st October 2018, the Metropolitan Magistrate rejected the application. As against the rejection, applicant preferred Criminal Appeal No. 394 of 2018 before the Sessions Court, which came to be allowed by the Sessions Court by its judgment and order dated 2nd June 2022 granting interim maintenance @ Rs.20,000/- per month from the date of filing of complaint. The order granting maintenance was challenged b

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