Almas Lakhani v. Zaid Lakhani And 2 ORS
2025:BHC-GOA:2020 Jose
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.395 OF 2025 Mrs. Almas Lakhani, Major, Aged 27 years, Married, Resident of Datta apartment, Block b-8, 3rd floor, Bhatlem Masjid, Panjim Goa 403001 ... Petitioner.
Versus
1. Mr. Zaid Lakhani Major, Aged 28 years, Married, Resident of Fortune edge, 11th floor, Flat no. 1103, V.V Chanden Street Near Jai Hind Hotel Mumbai 400003
2. Mrs. Mehrunisha Lakhani, Major, Aged 56 years, Married, Resident of Fortune edge, 11th floor, Flat no. 1103, V.V Chanden Street Near Jai Hind Hotel Mumbai 400003
3. Mrs. Mohammed Iqbal Lakhani, Major, Aged 65 years, Married, Resident of Fortune edge, 11th floor, Flat no. 1103, V.V Chanden Street
Near Jai Hind Hotel Mumbai 400003 ... Respondents.
Ms. Ashwini Agni with Mr. Junaid Shaikh, Advocates for the Petitioner.
Mr. S. Gayak, Advocate for Respondent No.1. (through V.C.)
CORAM:
VALMIKI MENEZES, J.
DATED:
ORAL JUDGMENT:
1.
Registry to waive office objections and register the matter. 2.
Heard.
3.
Rule. Rule made returnable forthwith. With the consent of the parties, petition is disposed of finally.
4.
The main grievance raised in this petition is that though the Domestic Violence case was filed on 14.10.2021, the application for interim maintenance/monetary relief has till date not been decided by the learned Magistrate.
5.
From the entries in the Roznama, it appears that the case was filed on 14.10.2021, reply by the Respondents was filed on 29.06.2022, after which the Petitioners affidavit of disclosure of assets was filed on 05.03.2024. The opportunity given to the Respondent to file affidavit of disclosure, according to the Roznama,
was closed on 06.10.2023. From these dates, it is evident that though the maintenance was sought since 14.10.2021, the Magistrate has till date not decided the interim monetary relief. Under Section 12, the Magistrate dealing with the case is obliged to dispose of the entire DV case within 60 days from the date of first hearing. However, without being detained by any of the allegations made in the petition, and considering that the Magistrates are all hard pressed for the fact that the case load allotted to them is very heavy, the J.M.F.C. at Merces dealing with the case, i.e. DV Case No.23/2021, is requested to decide the application for interim monetary relief/maintenance filed by the Applicant preferably by 31.12.2025.
6.
Rule is made absolute in the above terms.
VALMIKI MENEZES, J.
Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 14/10/2025 18:59:15