Order 1

Order Details: copy of Order
Pdf Text: 1
CNR NO.MHMM16-022094-2025
C. C. NO.179/DV/2025
COMMON ORDER BELOW EXH-3 & 7-A
By this application, the applicant has prayed for interim
maintenance and protection order. Despite grant of sufficient
opportunities the respondent failed to mark his presence, hence, the
application proceeded ex-parte.
2] Heard the Advocates for applicant at considerable length.
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 that the respondent is doing business under the name and style
M/s. POSCO International and his annual turnover is Rs.33 Crores per
year. Though inspite of giving sufficient opportunities to the
respondent, he has neither appeared before the court nor filed Assets
and Liability affidavit or any documents in his defence. It is further
submitted by the applicant that she is suffering from stage four stomach
cancer and she required money for her treatment.
4] At the outset as mentioned supra despite of grant of
sufficient opportunity respondent failed to contest the application.
Hence, application taken for decision without reply and argument of
the respondent on merit. Wherein, the respondent has not filed Assets
and Liability affidavit.
5] Wherein, it transpired that the applicant is residing
separately 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 her separate stay
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
interim maintenance. Applicant also filed the extract of the screen chat
message and emails sent to applicant by the respondent. Perusal of the
-- 1 of 3 --
2
said chats are prima facie self sufficient to held how the respondent is
causing mental and emotional harassment to the applicant. Perusal of
the medical papers also disclosed that the applicant is under treatment
for the cancer and hospitalized. Respondent has not shown any bonafie
to provided any sort of monitory or other assistance to the applicant.
This itself disclosed that how the respondent is treating the applicant
which is not at all desirable being the husband. At the outset it is
obligatory on the part of the respondent to take every care of the
applicant being his wife. But despite her medical condition, respondent
has not providing any monitory or emotional support to the applicant.
6] Wherein, the applicant claimed for the return of stridhan.
Protection Order, compensation. But, it is the matter evidence and
merit. Without leading evidence this aspect could not be disclosed at
this juncture. Therefore, prayers to that effect is not tenable. Wherein,
considering these factual aspects, I inclined to hold that the applicant is
entitled for the monitory relief. As per say of the applicant the annual
turnover of the respondent is Rs. 33 Crores. Though she has not
produced any document regarding the income of the respondent, the
but respondent has not rebutted the contention of the applicant. This
shows that respondent has sufficient means and economically sound.
Wherein respondent preferred not to appear and to file Assets and
Liability Affidavit. From this adverse inference can be drawn against
the respondent which shows he is not having any liability. Therefore,
considering the condition of the applicant and other prevailing
circumstance I am of the opinion that the applicant is entitled for the
maintenance and therefore, proceeds to following order :-
ORDER
1. The application is partly allowed.
2. Respondent shall pay the maintenance of Rs.60,000/- (Rs.
Sixty Thousand only) per month to the applicant from the date of
application.
-- 2 of 3 --
3
3. The Respondent Mohammed Noor Abdul Razzak Qadri is
hereby restrained from committing any act of domestic violence
physically or virtually against the applicant. He is also restrained from
directly or indirectly contacting the applicant in any manner including
phone calls, chats and emails etc.
4. The concerned Senior PI of Parksite Police Station is directed
to provide protection to the applicant as and when asked by her by
providing all necessary assistance to her.
5. Copy of this order be given free of costs to both the parties.
Date :- 04/07/2026
Place:-Vikhroli.
(P. V. Hingne)
Addl. Chief Judicial Magistrate,
31st Court, Vikhroli, Mumbai.
-- 3 of 3 --