Order 1

Order Details: copy of Order
Pdf Text: C. C. NO.91/DV/2025
ORDER BELOW EXH-5
By this application, the applicant has prayed for interim
maintenance. The respondent is absent, hence, the application is
decided ex-parte.
2] Heard the Advocates for both the parties.
3] The allegations made in the main application and the
application for interim maintenance are clear enough to prima facie
notice that the applicant was treated with cruelty. It is brought to my
notice respondent is doing the job in Private company and earning
Rs.40,000/- per month. Though inspite of giving sufficient opportunities
to the respondents, they failed to appear before the court. It is further
submitted by the applicant is also working in HDFC Life Insurance Ltd
on contract (temporary) basis and earning Rs.23,000/- per month.
4] At the out set despite grant of sufficient opportunity
respondent failed to contest the application. Hence, application taken
for decision without reply and argument of the respondent on merit.
Heard Ld. Counsel for applicant at the considerable length. It is seen
from the affidavit of Assets and Liabilities submitted by the applicant
that she is earning Rs.23,000/- per month. Wherein, respondent has
not filed Assets and Liability affidavit. Though appeared in the
proceeding respondent has not taken pain to disclosed his earning
source and his liabilities.
5] Wherein, it transpired that the applicant is residing separatly
from the respondent who has not shown any bonafide to maintain her.
It also appears that the respondent has not provided any sort of
monetary assistance to the applicant during stay with her parents which
is also a sort of economical violence. Under such circumstances, it is
necessary to provide interim relief to the applicant in the form of
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interim maintenance.
6] Wherein, the applicant claimed for the return of stridhan.
But it is the matter evidence and merit. Without leading evidence this
aspect could not be disclosed at this juncture. Therefore, prayer to that
effect is not tenable. Furthermore, applicant sought for the visitation
for her minor son. Being the mother she has every right to meet her
son. Therefore applicant is permitted to meet her son on weekends.
Applicant is directed to take every care to maintain mental and
emotional health of her son during the visitation. Therefore,
considering this aspect proceeds to following order :-
ORDER
1. The application is partly allowed.
2. Respondent no.1 shall pay the maintenance of Rs.10,000/-
(Rs. Ten Thousand only) per month to applicant from the date of
application.
3. All the respondents are restrained for committing any kind
of domestic violence physically or virtually against the applicant.
4. The applicant is permitted to meet her son on every second
and forth Sunday of every month from 11.00 a.m. till 5.00 p.m.
5. Copy of order be given free of costs to both the parties.
Date :- 08/05/2026
Place:-Vikhroli.
(P. V. Hingne)
Addl. Chief Judicial Magistrate,
31st Court, Vikhroli, Mumbai.
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