Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 28 DV 2021 Sujata Vs Nilesh and ors.
COMMON ORDER BELOW EXHS.1 AND 4
1. Perused record and written notes of arguments. Heard both sides.
2. The applicant approached this court through Protection Officer
contending that the respondent Mr. Nilesh Tanaji Gaikwad, is her
husband. Other respondents are her in-laws. They caused her various acts
of domestic violence which compelled her to left matrimonial house and
take shelter in an NGO. Later on she approached this court and filed this
application under Section 12 of Protection of Women from Domestic
Violence Act, 2005, hereinafter referred as D.V. Act, and claimed several
interim reliefs.
3. The applicant also filed separate application, Exh.4, and sought
custody of any one daughter out of two daughters born from her marriage
with the main respondent.
4. During arguments it is submitted that now applicant is not in need
of maintenance as she is earning income. However, Ld. Advocate for the
applicant prayed for order on Exh.4, and sought custody of one of the
child. Respondent objected to it stating that applicant’s whereabouts are
unknown. The daughters are in custody of the respondent since long and
they are residing happily there. No case of custody made out. Therefore,
prayer shall be rejected.
5. After going through the record and as submitted it is noticed that
applicant is not in need of any interim maintenance, therefore, no order of
maintenance can be passed. So far as custody is concerned from the
record it is cleared that applicant’s whereabouts are unknown. Further, as
per her pleading itself she is homeless. Admittedly, both the daughters are
residing with respondents since long. Both the daughters are of tender age
and considering their development and other aspects of the matter no case
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C. C. No. 28 DV 2021 Sujata Vs Nilesh and ors.
of interim custody made out in this proceeding. Applicant can approach
other forums. As such neither maintenance nor custody can be granted at
this interim stage. Therefore, following order -
ORDER
a. The prayer for interim maintenance made in Exh.1, along with
other reliefs and the application, Exh.4, for interim custody of any of the
child, are rejected.
b. Copy of this order shall be given free of costs to both the parties.
MUMBAI (KOMALSING RAJPUT)
DATE – 08.04.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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