Yasmeen Bano Shah v. Faisal Fateh Mohammed Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.115 OF 2025 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2026.02.27 18:05:06 +0530 Yasmeen Bano Shah ...Applicant

Versus

Faisal Fateh Mohammed Shah & Ors.

...Respondents

ARJUN VITTHAL KUDHEKAR 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

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, Mumbai400 008.

(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.

(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

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.]