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2025 Supreme(Online)(Bom) 4605

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANJUSHA DESHPANDE, J
Srinwati Mukherji – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Archit Jaykar, Ms.Bhoomi Upadhyay
For the Respondents: Mrs.Dhanlakshmi S. Krishnaiyar, Mr.Raghavendra S. Mehrotra, Mr.Irfan Shaikh, Mr.Maddhat Shaikh, Mohini Tekale

JUDGMENT :

1. Rule. Rule made returnable forthwith.

2. Writ Petition is taken up for final disposal with the consent of parties.

3. The Petitioner by this Petition is seeking directions to the Respondent No.2–husband to pay remaining two installments for the “Shared Household”, or such other amount as is payable to the developer towards the balance consideration in respect of a flat admeasuring 1029 square feet carpet area situated at Malad West, Mumbai. This prayer is made claiming to be under Section 2 (s) i.e. “Shared Household”, as defined under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as, “the DV Act”, for brevity).

4. The Petitioner is challenging the order dated 19.10.2024 passed by the Sessions Judge at Dindoshi, Borivali Division, Goregaon, Mumbai, in Criminal Appeal No.150 of 2024, thereby confirming the order dated 03.06.2024, passed by the Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai, (hereinafter referred to as “ACMM”, for brevity) in CC No.182/DV/2022. Both the Courts have refused to entertain the prayer made by the Petitioner on the ground that, such prayer cannot be granted since the flat i.e. the “Shar

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