Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: 1
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
C.C. No. 27/DV/2023
CNR No.MHMM18-001371-2023
Seema Madan Chandel … Applicant
Vs.
Madan Pukhraj Chandel +4 ...Respondents
(Ex-parte)
Order below application Exh-2 for interim relief.
1. Read the application, affidavit, documents on record. The
Ld. Advocate of respondent orally argued the matter.
2. The applicant’s allegations shows that, the applicant has
suffered domestic violence at the instance of all the respondents.
Applicant claims that the respondent running business in the name and
style of M.K. Textiles, Chirabazar, Kalbadevi, Mumbai. The respondent
No.1 is a proprietor of the said business. He is earning Rs.3,00,000/-
per month from the said business at the time of filing of the application.
Applicant prayed for interim maintenance of Rs.1,00,000/- per month
for food, clothing, medication, household expenses and other basic
needs and alternate accommodation or to pay Rs.20,000/- per month
as a rent. She also prayed to return her Stridhan, mobile phone and
Central Bank ATM Card and compensation of Rs.20,00,000/- and
damages for injuries caused to her including mental and physical
tortures and emotional distress.
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3. Respondent Nos.1 to 4 remained absent. The applicant
herself deleted the names of respondent No.5 Manju. On the other side,
the applicant filed her income, assets and liabilities affidavit on record.
She stated that she is unemployed and has no income. She has not filed
any documents to show the income of respondents. Furthermore, she is
claiming alternate accommodation or Rs.20,000/- per month as a rent.
Mere submissions in respect of income are not sufficient proof to decide
the income of any person.
6. In this case, the applicant is claimed that respondent is the
proprietor of M.K. Textiles, Chirabazar, Kalbadevi, Mumbai and earns
Rs.3,00,000/- per month. In support of the said contention, the
applicant has produced copy of online copy of Goods and Services Tax
registration number. The business is of wholesaler or distributor. This
fact is neither denied nor disputed by the respondent. Therefore, I have
no option that accepting the averments made by the applicant.
7. As per the application the applicant is residing with her
mother at the address mentioned in the title clause. As such, currently
she is not residing at any rented premises. At this stage her prayer of
alternate rent cannot be considered.
8. The applicant has also claimed protection order from the
court. The applicant has produced copy of NCs alongwith the main
application. The matter is filed in 2023. The applicant has also
produced copies of complaints and NCs against the respondent of the
year 2024. There are allegations of threats given by the respondent
even on mobile phone. Therefore, the applicant is also entitled to
interim protection, as prayed.
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9. In view of this and stage of proceedings, the application
deserves to be allowed partly. Hence, following order :-
ORDER
i) Application is partly allowed.
ii) The respondent No.1 shall pay monthly maintenance
to the applicant at the rate Rs.1,00,000/- per month
from the date of application.
iii) The respondent No.1 is prohibited from contacting the
applicant directly, indirectly or on phone. The
applicant is granted interim protection till decision of
this application.
iii) Copy of this order be given to both the parties free of
cost.
iv) One copy of the order be sent to the concern police
station.
Date : 23.07.2026
Mumbai
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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