Citation : 2026 Latest Caselaw 2245 Bom
Judgement Date : 27 February, 2026
922-REVN-115-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.115 OF 2025
Digitally
signed by Yasmeen Bano Shah ...Applicant
ARJUN
ARJUN VITTHAL
KUDHEKAR
Versus
VITTHAL
KUDHEKAR Date: Faisal Fateh Mohammed Shah & Ors. ...Respondents
2026.02.27
18:05:06
+0530
Mr. Shreyash Sudhir Butala, for the Applicant.
Mr. Satyaram R. Gaud a/w Usman Memon, for Respondent No.1.
Mr. Nitin C. Pawar, Court Receiver, High Court, Bombay, present.
CORAM: MADHAV J. JAMDAR, J.
DATED: 27 FEBRUARY 2026
P.C.:
1. I have passed a detailed Order in the Court today. However,
Operative Order is uploaded immediately, as it will take time to
transcribe, finalise and upload the detailed order.
OPERATIVE ORDER
(a) The Order dated 3rd May 2023 passed by the learned
Metropolitan Magistrate, 13th Court, Dadar, Mumbai
as confirmed by the Order dated 29th November 2023
passed by the learned Additional Sessions Judge, City
Civil & Sessions Court, Gr. Mumbai in Criminal Appeal
Arjun
922-REVN-115-2025.DOC
No.398 of 2023, are quashed and set aside and the
said application bearing Exhibit-4 in CC
No.67/DV/2022 is disposed of in terms of this Order.
(b) The Respondent No.1 shall pay maintenance of
Rs.75,000/- per month to the Applicant-wife and
minor son w.e.f. 1st February 2026.
(c) As far as Rs.25,000/- per month which has been
granted by the learned Metropolitan Magistrate shall
be paid from the date of the application i.e. from 11th
May 2022 till 31st January 2026.
(d) The Applicant is entitled for interim residence Order
as contemplated under Section 19 of the Protection Of
Women From Domestic Violence Act, 2005.
(e) The Court Receiver, High Court, Bombay is appointed
as Court Receiver with respect to Flat No.905, 'A'
Wing, Kedy Tower, Bellasis Road, Nagpada, Mumbai-
400 008.
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922-REVN-115-2025.DOC
(f) The Court Receiver, High Court, Bombay shall take
immediate possession of said Flat No.905, 'A' Wing,
Kedy Tower, Bellasis Road, Nagpada, Mumbai-400
008, from the Respondent-husband or from any other
person who is in occupation of the said flat, forcibly, if
required, by breaking open lock and with the
assistance of Police and handover the same
immediately to the Applicant-wife.
(g) The Senior Police Inspector, Nagpada Police Station is
directed to provide sufficient Police protection to the
Court Receiver, High Court, Bombay for implementing
this Order.
(h) Mr. Usman Memon, learned Counsel along with Mr.
Gaud, learned Counsel for Respondent No.1, on
instructions of Respondent No.1, states that,
furnitures, goods and articles which are lying in the
said Flat be kept in the said Flat.
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922-REVN-115-2025.DOC
(i) The Court Receiver, High Court, Bombay, to carry out
inventory of household articles and handover the
same to the Applicant and Respondent No.1 or furnish
the same to their respective Advocates.
(j) The Applicant shall lodge the papers and proceeding
with the Office of the Court Receiver, High Court,
Bombay as per Rules 596 and 592 of the Bombay High
Court (Original Side) Rules, 1980 within 7 working
days from today.
(k) The Applicant-wife shall also deposit an amount of
Rs.50,000/- for cost of the Court Receiver within 7
working days from today.
(l) The protection Order as contemplated under Section
18 of the Protection Of Women From Domestic
Violence Act, 2005 is also granted.
(m) Respondent No.1 and 2 and other family members of
Respondent No.1 shall not subject the Applicant and
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922-REVN-115-2025.DOC
her child to any acts of domestic violence, by abuses,
assault, torture or aiding or abetting in the
commission of acts of domestic violence in any
manner whatsoever.
[MADHAV J. JAMDAR, J.]
Arjun
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