Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 4 DV 2021 Chandrakala Vs Ravindra
CNR-MHMM18-000153-2021
ORDER BELOW EXH.3
1. Perused record. Heard both the sides.
2. This is an application under Section 23 of Protection of Women
from Domestic Violence Act, 2005, hereinafter referred as D.V. Act.
3. As per applicant her marriage with the respondent Mr. Ravindra
Yadav, solemnized on 30.05.2001. Out of said marriage two children i.e.
Applicant Nos.2 and 3, born. Initially everything was fine, but later on
differences occurred which resulted in various acts of domestic violence
caused by respondent against applicants. Respondent is having illicit
relations. Respondent caused various acts of emotional and physical
violence, as narrated in the main application. He is earning good income
but not paid anything to the applicants for earning their livelihood. Thus,
the respondent also caused economic violence.
4. In his reply respondent denied all these allegations and contended
that he has taken care of all the applicants and ready to proceed with
relationship. Applicant herself on instigation of her parental relations
abused and assaulted him and also caused various acts of emotional
violence. She is insisting to reside separately from joint family and
creating issues. He has no separate means of income. He earns meager
income from juice centre. As such application is not tenable and should be
dismissed.
5. Considering adverse pleadings of both the parties, their
submissions, etc. I framed following points and recorded my findings on
each of them as follows for the reasons discussed below-
POINTS FINDINGS
1. Does from the material on record applicant succeeded
in making out prima facie case of commission of
domestic violence against her by the respondent ? ..In the affirmative.
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C. C. No. 4 DV 2021 Chandrakala Vs Ravindra
CNR-MHMM18-000153-2021
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ...In the affirmative.
3. What order ? ..Appln. is partly allowed
R E A S O N S
6. The pleadings of both the parties are supported by affidavits. The
applicant in addition to it filed on record certain documents. The
documents particularly various N.C. reports, applications and
photographs, etc. clearly reflect that respondent caused various acts of
domestic violence. It is also admitted that though applicant is residing
with the respondent, he has not made any arrangement for her survival of
their children. Thus, he is also causing economic violence. Against it,
respondents except bare denials by way of his say and affidavit raised no
concrete defence, from which it can be said that the stand of the applicant
can be disbelieved. The assets and liability affidavits and facts admitted
by the respondent also proves that applicant has no means of income and
respondent is earning from the juice business. The conduct of the
respondent from whole record reflects the fact that respondents taking no
care of the day to day requirements of the applicants. Thus, it is clear that
the respondent committed various acts of domestic violence against the
applicants. Therefore, I recorded my findings on Point Nos. 1 and 2, in
the affirmative. Considering the facts pleaded pertaining to income of
respondent and material on record in support of it I am of the opinion that
following order will serve the cause of justice, therefore, order -
ORDER
a. The application is partly allowed.
b. The respondent Ravindra Pralhad Yadav, is herewith directed to pay
the interim maintenance of Rs.5,000/-(Rupees Five Thousand) per month
to the applicant and Rs.3,000/- (Rupees Three Thousand) per month to
each of their children, Master Ameet Ravindra Yadav and Aditya
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C. C. No. 4 DV 2021 Chandrakala Vs Ravindra
CNR-MHMM18-000153-2021
Ravindra Yadhav, i.e. total amount of Rs.11,000/- per month, from the
date of application till the decision of the main application towards
interim maintenance.
c. The copy of this order shall be given free of costs to both the
parties and if Respondent failed to comply the order the applicant is
directed to file separate application bearing separate number for recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 25.05.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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