Basantidevi Maheshkumar Sharma and Anr. vs the State of… — Domestic Violence | Bombay HC (2026)

Basantidevi Maheshkumar Sharma and Anr. vs the State of… — Domestic Violence | Bombay HC (2026)

What the court decided

AI extract

Outcome

Maintenance direction in the CJM's order set aside; Exhibit 4 application to be decided afresh on its own merits to that extent; CJM to endeavour to decide PWDVA No.282 of 2018 within nine months; all contentions of the parties kept open.

Issue for consideration

Whether the maintenance grant of Rs.80,000/- per month made by the Learned Chief Judicial Magistrate, Thane (confirmed by the Sessions Court) in favour of Respondent No.2 can stand, given that the Family Court has already granted her Rs.70,000/- per month maintenance and the Petitioners have withdrawn their challenge to that order. +1 more

Court's answer

Since the Petitioners have withdrawn the petition against the Family Court's order granting maintenance of Rs.70,000/- per month, the Learned Chief Judicial Magistrate's order to the extent of grant of maintenance cannot be allowed to stand.

Ratio / Principle

The order of the Learned Chief Judicial Magistrate to the extent of grant of maintenance is set aside.

Key takeaways

The Learned Chief Judicial Magistrate shall decide the application at Exhibit 4 afresh, to the extent of maintenance, on its own merits.ratio¶¶25
The setting aside was confined to the grant of maintenance; the Court did not disturb the other directions in the CJM's order (restraint from dispossessing Respondent No.1 from the flat and the bar on creating third party interest).ratio¶¶24
All the contentions of the parties are kept open.ratio

Detailed headnote1 paragraphs

Bombay High Court (N.R. Borkar, J.) disposed of two connected writ petitions (WP No.4218 of 2025 and WP No.4181 of 2025) challenging the common judgment and order dated 01 July 2025 of the Sessions Court, Thane in Appeals No.33 of 2025 and 38 of 2020, whereby the Sessions Court had confirmed the order dated 31 January 2025 of the learned Chief Judicial Magistrate, Thane below Exhibit 4 in PWDVA No.282 of 2018. The CJM had directed the petitioners to pay maintenance of Rs.80,000/- per month to Respondent No.2, had restrained them from dispossessing Respondent No.1 from Flat No.602, Building No.11, Flower Valley Complex CHS, Eastern Express Highway, Thane, and had barred creation of third party interest in the flat. The CJM had rested the maintenance grant on the circumstance that the Family Court's earlier maintenance award of Rs.70,000/- per month (in divorce proceedings) stood stayed by the High Court under section 24 of the Hindu Marriage Act, leaving no maintenance order in force, warranting interim monetary relief under section 20 of the D.V. Act. On the hearing date the petitioners withdrew their petition against the Family Court's Rs.70,000/- per month order; the Court therefore held that the CJM's maintenance direction could not stand, set aside the CJM's order to the extent of the maintenance grant, directed a fresh decision of the Exhibit 4 application on its own merits to that extent, kept all contentions open, and directed the CJM to endeavour to decide PWDVA No.282 of 2018 within nine months of receipt of the order.

1 904-WP 4181-25 @ connected matters.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4218 OF 2025

Basantidevi Maheshkumar Sharma & Anr.

… Petitioners

Vs.

The State of Maharashtra & Anr.

… Respondents

WITH

WRIT PETITION NO.4181 OF 2025

Mr. Ashok M. Saraogi for the Petitioner in WP No.4218 of 2025. Ms. Seema Sarnaik for the Petitioner in WP No.4181 of 2025. Mr. Vivek Joshi for Respondent No.2.

Ms. Sulbha Chipade, AGP a/w Mr. Ketan Joshi, 'B' Panel Counsel for the Respondent-State.

CORAM : N.R. BORKAR, J. DATE : 21ST APRIL 2026

P.C. :

Both these Petitions take exception to the Common Judgement and Order dated 01^st July 2025 passed by the Sessions Court, Thane in Appeals No.33 of 2025 and 38 of 2020.

By the impugned Judgement and Order, the Sessions Court has confirmed the order passed by the Learned Chief Judicial Magistrate, Thane dated 31^st January 2025 below Exhibit 4 in PWDVA No.282 of 2018, by which the Learned Chief Judicial Magistrate, Thane has directed the present Petitioners to pay the maintenance at the rate of Rs.80,000/per month to the Respondent No.2. In addition to it, the Learned Chief Judicial Magistrate has restrained the Petitioners from dispossessing the Respondent No.1 from Flat No.602, Building No.11, Flower Valley

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2 904-WP 4181-25 @ connected matters.doc

Complex CHS, Eastern Express Highway, Thane. The Petitioners are further directed not to create third party interest in respect of the said flat.

I have heard Learned Counsel for the Petitioners and Learned Counsel for the contesting Respondent and perused the order passed by the Learned Chief Judicial Magistrate.

The reason recorded by the Learned Chief Judicial Magistrate for grant of maintenance reads thus:

“30] It is not in dispute that in Divorce Proceeding before Family Court, Thane, the applicant had applied for grant of interim maintenance. The Hon’ble Family Court had granted the maintenance to the tune of Rs.70,000/- per month. However, as the respondent No.1 has challenged the said order before Hon’ble High Court, the Hon’ble High Court has stayed the order for grant of the maintenance under section 24 of Hindu Marriage Act. Thus, at present no order is in force for grant of maintenance in favour of applicant. Considering the circumstances shown by applicant, for her livelihood she is seems to be in a need of interim monetary relief under section 20 of D. V. Act i.e. separate monthly maintenance from respondent No.1.”

Today, the Petitioners have withdrawn the Petition which was filed agaisnt the order of Family Court granting maintenance at the rate of Rs.70,000/- per month. In that view of the matter, the order of Learned Chief Judicial Magistrate to the extent of grant of maintenance can not be allowed to stand.

The order of the Learned Chief Judicial Magistrate to the extent of grant of maintenance is therefore set aside.

The Learned Chief Judicial Magistrate shall decide the application at Exhibit 4 to that extent afresh on its own merits.

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3 904-WP 4181-25 @ connected matters.doc

All the contentions of the parties are kept open.

The Learned Chief Judicial Magistrate shall endeavour to decide PWDVA No.282 of 2018 within a period of nine months from the date of receipt of copy of this order.

The present Writ Petitions are disposed of in the aforesaid terms.

(N.R. BORKAR, J.)

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