Bombay High Court
MATHEWS J NEDUMPARAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- N R BORKAR
Holding
The Court held that the pending domestic‑violence application must be decided within six months and the interim maintenance order continues, leading to the disposal of the writ petitions.
Summary
Sabina Lakdawala filed an application under the Protection of Women from Domestic Violence Act seeking interim relief, and the Metropolitan Magistrate ordered the respondents to pay maintenance and house rent. Both parties appealed; the appellate court dismissed the respondents' appeal and partially allowed Sabina's, modifying the maintenance to Rs.2,00,000 per month. Sabina then filed Writ Petition No.3707/2022 challenging the refusal of certain reliefs, while the respondents filed Writ Petition No.713/2023 contesting the magistrate's order. After hearing counsel, the High Court observed a four‑year delay and directed the magistrate to decide the pending domestic‑violence application within six months, while ordering continued payment of maintenance. The Court disposed of both writ petitions and the related interim applications.
Issues considered
- Whether the High Court should direct the trial magistrate to expedite the pending domestic‑violence application.
- Whether the interim maintenance order should be continued pending final determination of the main application.
- Whether the writ petitions challenging the magistrate's and appellate orders should be decided on merits or disposed.
Legislation cited
Subjects
- Domestic Violence
- Interim Maintenance
- Writ Petition
- Protection of Women from Domestic Violence Act
- Expeditious Trial
- Appellate Court
Judgment
21-wp-3707-22 +G.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3707 OF 2022
Sabina Lakdawala w/o.
Late Yousuf M. Lakdawala …Petitioner
V/s.
Komal Singh Rajput and Ors. ...Respondents.
WITH
INTERIM APPLICATION NO. 195 OF 2025
WITH
INTERIM APPLICATION NO.4577 AND 4578 OF 2025
IN
WRIT PETITION NO. 3707 OF 2022
Mathews J. Nedumpara …Applicant
In the matter between
Mrs. Sabina Lakdawala ...Appellant
V/s.
Feroze Y. Lakdawala and Ors. ...Respondents.
WITH
WRIT PETITION NO. 713 OF 2023
1. Feroz Lakdawala
2. Noorie Lakdawala …Petitioners
V/s.
Sabina Lakdawala & Anr. ...Respondents.
…………..
Mr. Mathew J. Nedumpara (through VC) a/w. Ms Hemali K. and Mr.
Dayanand i/by. Nedumpara and Nedumpara for the Petitioner –
Sabina in WP/3707/22 and for the Applicant in IA/195/25.
Mr for the Applicant in IA/4577/25. And 4578/25.
Mr. Satish Maneshinde, Senior Advocate a/w Ms Anandini
Fernandes, Adv. Namita Maneshinde i/by. Mr. Aditya Talpade for
the Petitioners in WP/713/2023 and for Respondent Nos. 2 and 3 in
WP/3707/2022.
Mr. B.V. Holambe Patil, APP for the Respondent/State.
…………..
CORAM : N.R. BORKAR, J.
DATE : 17.02.2026.
Dinesh S. Sherla 1/4
21-wp-3707-22 +G.odt
P.C. :
1. Sabina Lakdawala, the petitioner in Writ Petition No. 3707 of
2022 has filed the application before the learned Magistrate under
the provisions of Protection of Women from Domestic Violence Act
for various reliefs and the said application is still pending.
2. By interim order dated 23rd February 2022, the learned
Metropolitan Magistrate, 12th Court, Bandra, Mumbai directed the
Feroz Lakdawala and Noorie Lakdawala, who are the respondent
Nos.2 and 3 in Writ Petition No. 3707 of 2022 and the petitioners
in Writ Petition No.713 of 2023, to pay amount of Rs.1,25,000/- per
month towards interim maintenance and amount of Rs.75,000/-
per month towards house rent to Sabina Lakdawala from October
2021 till disposal of the main application. Both parties filed the
appeals against the order of the learned Magistrate. By the
judgment and order dated 5th September 2022, learned appellate
court has dismissed the appeal filed by the Feroz Lakdawala and
Noorie Lakdawala and partly allowed the appeal filed by the
Sabina Lakdawala. The order of the appellate court reads thus:
“O R D E R
1. Criminal Appeal No.100137/2022, Feroz Lakdawala –
Sabina Lakdawala stands dismissed.
2. Criminal Appeal No.100166/2022, Sabina Lakdawala –
Feroz Lakdawala, stands partly allowed.
3. The Impugned Order Dt.23.02.2022, passed by the
Learned MM, in Criminal Complaint No.1200191/2021, Sabina
Lakdawala – Feroz Lakdawala, stands modified as follows:
i. The Respondent No.1 Feroz Lakdawala and
Respondent No.2 Noorie Lakdawala, are directed to pay
Rs.2,00,000/- (Rupees Two Lakhs) per month towards
Dinesh S. Sherla 2/4
21-wp-3707-22 +G.odt
interim maintenance to Sabina Lakdawala, from October
2021, till disposal of main application.
ii. Rest part of the impugned order, stands
confirmed.
4. Parties are informed about their right to challenge this
judgment and period of limitation.
5. Order pronounced in open Court, in presence of Adv. Ms
Sandhya Tirmare (for Sabina) and Adv. Ms Akansha
Kalyanpur (for Feroz), by explaining substance of judgment.
6. Record, if any, be sent to the Learned Trial Court.
7. Inform the Learned Trial Court.
8. After appeal period, concerned Clerk to consign the
Proceedings to Record Room, as per rules.”
3. Sabina Lakdawala has filed Writ Petition No.3707 of 2022
against refusal of cerain reliefs by the learned Magistrate and the
appellate court, whereas the Feroz Lakdawala and Noorie
Lakdawala have filed Writ Petition No. 713 of 2023 challenging the
order passed by the learned Magistrate and the appellate court.
4. I have heard learned counsel for Sabina Lakdawala and
learned senior counsel for Feroz Lakdawala and Noorie Lakdawala.
5. The present petitions are pending for about four years
without any interim orders. The main application filed by Sabina
Lakdawala is still pending before the learned Magitrate.
Considering the said facts, it would be in the interest of justice to
expedite the hearing of the main application pending before the
learned Magistrate instead of deciding the present petitions on
merits.
Dinesh S. Sherla 3/4
21-wp-3707-22 +G.odt
6. Learned senior counsel for Feroz Lakdawala and Noorie
Lakdawala, on instructions, makes a statement that the arrears, if
any in terms of the impugned orders, will be paid to Sabina
Lakdawala within a period of two months from today. The
statement is accepted. In the result, the following order is passed.
ORDER
A. The learned Magistrate shall make an endeavour
to decide C.C.No (DV).1200191/2021 within a period of
six months from the date of receipt of copy of this order.
B. Needless to mention that till decision of the main
application, Feroz Lakdawala and Noorie Lakdawala shall
pay the maintenance amount to the Sabina Lakdawala in
terms of the impugned order.
C. The Petitions are disposed of in the aforesaid
terms.
7. Pending Interim Applications stand disposed of.
[N.R.BORKAR, J.]
Dinesh S. Sherla 4/4
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