BASANTIDEVI MAHESHKUMAR SHARMA AND ANR vs THE STATE OF MAHARASHTRA AND ANR — WP/4218/2025

Case under Constitution of India Section 227. Disposed: --Disposed Off on 21st April 2026.

CNR: HCBM010417482025

CASE DISPOSED

Filing Number

WP/15777/2025

Filing Date

31-07-2025

Registration No

WP/4218/2025

Registration Date

31-07-2025

Judge

HON'BLE SHRI JUSTICE N. R. BORKAR

Coram

HON'BLE SHRI JUSTICE N. R. BORKAR

Bench Type

Single

Category

CRIMINAL ( 9 )

Sub-Category

Orders Passed under D.V. Act ( 109 )

Judicial Branch

Criminal

Decision Date

21st April 2026

Nature of Disposal

--Disposed Off

Acts & Sections

Constitution of India Section 227
Criminal Procedure Code (Cr.pc) Section 482
Protection of Women from Domestic Violence Rules Section 12, 17, 18, 19, 20, 21, 23

Petitioner(s)

BASANTIDEVI MAHESHKUMAR SHARMA AND ANR

Adv. Ashok M Saraogi

MAHESHKUMAR S/O CHOTTURAM SHARMA

Respondent(s)

THE STATE OF MAHARASHTRA AND ANR

NIRMALA (NIRU) W/O SUBHASH SHARMA

Adv. JAISWAL MANOJ PHOOLCHAND

Hearing History

Judge: HON'BLE SHRI JUSTICE N. R. BORKAR

07-08-2025

FOR CIRCULATION

21-04-2026

DUE ADMISSION - 1

18-04-2026

FOR CIRCULATION

20-01-2026

AT 3.00 P.M.

19-01-2026

FOR CIRCULATION

Orders

21-04-2026
HON'BLE SHRI JUSTICE N. R. BORKAR

Summary The Bombay High Court set aside the maintenance order of Rs. 80,000 per month granted by the Chief Judicial Magistrate under the Domestic Violence Act, as the petitioners had withdrawn their challenge to the Family Court's earlier maintenance order of Rs. 70,000 per month, making the lower court's reasoning untenable. The court remitted the maintenance application back to the Chief Judicial Magistrate for fresh decision on merits within nine months, while keeping the restraint on dispossessing the respondent from the disputed flat intact. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary The Bombay High Court set aside the maintenance order of Rs. 80,000 per month granted by the Chief Judicial Magistrate under the Domestic Violence Act, as the petitioners had withdrawn their challenge to the Family Court's earlier maintenance order of Rs. 70,000 per month, making the lower court's reasoning untenable. The court remitted the maintenance application back to the Chief Judicial Magistrate for fresh decision on merits within nine months, while keeping the restraint on dispossessing the respondent from the disputed flat intact. This case analysis is maintained by casestatus.in based on publicly available court records.

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