Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: 1
C.C. No. 18/DV/2018
CNR No. MHMM180008862018
Mrs. Shabnam Mohsin Khan … Applicant
Vs.
Mr. Mohsin Aslam Khan & 2 Ors. ...Respondent
Order below ExhP1 for interim relief.
1. Perused the Domestic Incident Report and affidavit, say
of respondents ExhP5 and documents on record. Heard both
sides at length. Applicant sought interim maintenance @
Rs.20,000/ per month.
2. The relations and the marriage are not in dispute. The
complaint allegations shows that the applicant has been suffered
domestic violence at the instance of respondents on account of
dowry demands, taunting and illtreatment. The respondents
blamed the applicant and raised counter allegations denying the
alleged domestic violence. The allegations are counter allegations
needs to be verified by leading evidence. Primafacie , in view of
complaint allegations and applicant being residing separately due
to continuous acrimony, she can claim interim relief.
3. Applicant claimed that respondent is AC mechanic and
earning Rs. 25,000/ per month. He has no other responsibilities
or liabilities. Other respondents are earning members. On the
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contrary, respondent denied the same and claimed that he is
working as a AC Mechanic and earning Rs.7,500/ per month and
also contended that he has no fixed income. He also contended
that he has look after his parents.
4. Advocate for the applicant argued that there was
consistent dowry harassment and taunting against girl child. The
applicant is responsible to maintain the girl child. According to
her, the reply is vague. Respondent argued that the applicant
herself left the matrimonial house as she did not file any case with
any authority, it shows the allegations of dowry are false. On the
contrary, he argued that the applicant did not file any case
because she want to save her marriage.
5. Mere nonfiling of case is not reason to disbelieve that
the applicant. The applicant seen to have filed one NC, which
sufficiently shows that she suffered domestic violence. The single
act or omission would also amounts a domestic violence. Both
parties failed to produce any income proof of the respondent.
However, respondent being AC mechanic, he could easily earn
Rs.25,000/ per month. The respondent seem to have reasonable
income.
6. The respondent is able bodied and could easily earn
income around Rs. 20,000/ to 25,000/ in a city like Mumbai.
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Therefore, he is found capable to pay interim maintenance @
Rs.5,000/ per month, which is reasonable.
7. In view of this, the applicant is entitle for protection,
maintenance and rent order. Accordingly I pass following order :
ORDER
i) Applicant partly allowed.
ii) The respondent shall pay monthly maintenance to
applicant at the rate Rs. 5,000/ per month from
the date of application.
iii) Copy of this order be given to the party free of cost.
Date : 24.04.2019
Mumbai
ssl.
Sd/
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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