Order 1

Order Details: Interim Maintenance Order
Pdf Text: - 1 - Case No.159-DV-2023
Reshma Vs. Ravi (Exh.04)
ORDER BELOW EXHIBIT-04
This is an application for Interim maintenance and other
consequencial reliefs.
2. Summary of the application is that the applicant is wife of the
respondent no.1. Marriage of the applicant and respondent no.1 has
been solemnised on 16/05/2010 as per Hindu Rites. After marriage, the
respondents started to cause harassment to the applicant. It is difficult
her to maintain herself. The applicant is residing at her parents’ house.
It is the duty of the respondent to maintain the applicant. The
Respondent no.1 is working at Mahesh Builders and earning
Rs.60,000/- per month. The family of respondent is having one room
premises at Nalasopara and same is on rent. The respondents are also
having agricultural fields and earning handsum income. The applicant
finally prayed that interim orders for household expenses, food and
medicine and monthly rent for shelter of the applicant be passed and
the respondent no.1 be directed to pay Rs.25,000/- per month.
3. The respondents filed say (Ex.08) and objected contentions in the
applications. It is stated that the applicant did not come in the court
with clean hands. She is earning Rs.80,000/- to Rs.1,00,000/- as a
beautician. The applicant be directed to submit affidavit of income. He
is ready and willing to take care of the children as well as ready to
maintain the son by paying monthly maintenance of Rs.2,500/-.
Therefore, the application being devoid of Merit. The same be rejected
with cost.
-- 1 of 4 --
- 2 - Case No.159-DV-2023
Reshma Vs. Ravi (Exh.04)
4. I heard both side, perused the record and considered submissions.
Points for determination and findings thereon, along with reasons are as
under-
Sr. No. Points Findings
1. Whether the applicant Prima facie shows
that she met with domestic violence from
respondents?
Yes
2. Weather applicant is entitled for interim
maintenance as claimed?
Partly Yes
3. What order? As per final order
5. Perused papers. I have gone through the proceeding. It appears
that the marriage of both parties and their relations interse are not in
dispute. It further appears that the applicant and respondent no.1
cohibated for some period, they have one male issue. The questions to
be considered are whether there is domestic violence with the applicant
and whether she is entitled for the relief claimed.
Point No.1
6. The contention of the applicant is that she faced ill-treatment
caused by the respondents and thereby domestic violence took place.
She also made various allegations against the respondents in the
original petition alongwith the allegations of mental and physical
harassment. On the contrary, the respondent party submitted that
allegations are false and fabricated. The respondent no.1 blamed the
applicant of having earning more income by way of beautician. After
considering statements of both side, the Court prima facie came to the
conclusion that the applicant faced domestic violence as no woman
-- 2 of 4 --
- 3 - Case No.159-DV-2023
Reshma Vs. Ravi (Exh.04)
shall easily leave the company of her husband without any cogent
reason. Hence, the point no. 1 is answered in the affirmative.
Point No.2
7. As far as income of both parties are concerned, both of them
made counter allegations against each other of having sufficient source
of income. It is the contention of the applicant that the respondent no.1
is earning Rs.60,000/- per month and therefore, he is economically
sound. On the contrary, the respondent party is having grievance that
respondent no.1 is a peon and is earning Rs.15,000/- only. The
applicant also failed to submit documents showing that the respondent
no.1 earns Rs.60,000/- per month. However, it is necessary to mention
that the asset and liability of the respondent no.1 is in the record. It is
admitted fact that the applicant is the legally wedded wife of
respondent no.1. Therefore, it is the moral, social and legal
responsibility of the respondent no.1 to maintain the applicant.
Moreover, the respondent no.1 admitted that he is ready to pay
maintenance to child. It is shown in the asset and liability that he has
taken private loan of Rs.3,50,000/-. No one can disburse hand loan to
the needy unless the person has sufficient capacity to repay the same.
Considering this aspect, it appears that he is having capacity to maintain
the applicant by paying Rs.7,000/- per month.
8. The respondent no.1 is able bodied person. No physical infirmity
has seen from his statement. The applicant prima facie found that she is
residing at her mother’s house unwillingly. Hence, it is bounden duty of
the respondent to maintain the applicant. He cannot absolve from the
-- 3 of 4 --
- 4 - Case No.159-DV-2023
Reshma Vs. Ravi (Exh.04)
liability. It is admitted that, the applicant is having a child, she is
dependent upon respondent no.1. Be that as it may, it is seen that the
applicant is having income of Rs.4,000/- per month only on perusal of
her asset and liability. However, it is to be considered that the amount
referred above is very meager and insufficient to satisfy basic needs of
the applicant and child. Hence, her expenditure is to be borne by the
respondent no.1. Considering the discussion in earlier para, the court
prima facie came to the conclusion that respondent no.1 is able to pay
Rs.7,000/- p.m. towards maintenance to the applicant. It is proper to
direct respondent no.1 to comply the order from the date of this
application, as she knocked the door of the court. Hence, point no.2 is
answered as partly affirmative. Considering above discussion, following
order is passed-
ORDER
1. Application is partly allowed.
2. The respondent is directed to pay interim maintenance of
Rs. 7,000/- p.m. to the applicant under Sec.20(1)(d) of the PWDV Act
from the date of this application.
Declared in the Court.
(B. C. More)
Date:- 22/07/2025 Judicial Magistrate (FC),
57th Court, Kurla, Mumbai.
-- 4 of 4 --