Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 74 DV 2021 Parveen Vs Arshadali and ors.
CNR-MHMM18-002009-2021
COMMON ORDER BELOW EXHS.1 AND 3
1. Perused record. Heard both sides.
2. This is an application under Section 12 of Protection of Women
from Domestic Violence Act, 2005, hereinafter referred as D.V. Act, and
vide prayer clause No.51(f), applicant sought interim relief particularly
protection, alternate accommodation, payment of E.M.I. and maintenance
from the date of application till the disposal of main application. She has
also filed separate application, Exh.3, for same reliefs.
3. As per applicant, her marriage with the Respondent No.1, Mr.
Arshadali Shakirali Ansari, hereinafter referred as main respondent, was
solemnized on 15.12.2013, at Jogeshwari, Mumbai. Other respondents are
her in-laws. Several valuables were given to respondents as stridhan. The
entire marriage expenses were incurred by her parents. Applicant joined
cohabitation with respondents at Dharavi, Mumbai. She found that there
is medical issue with main respondent, which was treated. The wife of
respondent Mr. Shahid, left matrimonial house on account of some
disputes. Then there took place several incidence as narrated in the main
application which resulted in physical and mental violence constituting
domestic violence on the part of respondents against applicant. Finally,
she has been compelled to leave matrimonial house. The applicant also
filed prosecution against respondents. The applicant has also purchased
shop in the joint name with main respondent at Nalasopara. The main
respondent stopped paying E.M.I. The applicant has no means of income.
The main respondent is serving with a private company earning good
salary. But he has made no arrangement for her livelihood. Therefore,
applicant approached this court and sought various reliefs.
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C. C. No. 74 DV 2021 Parveen Vs Arshadali and ors.
CNR-MHMM18-002009-2021
4. The respondents vide their say, Exh.6, denied all the adverse
allegations and pleaded that those are false and concocted. The applicant
is adamant and threatening respondents with the help of her family
members. She has caused harassment by misusing legal provisions. She
has sufficient means of income. Therefore, application shall be rejected.
5. Considering adverse pleadings, submissions of both the parties and
record, I framed following points for my determination 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.
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ....In the affirmative.
3. What order ? ….Prayer is partly allowed.
R E A S O N S
6. The record shows that the fact of marriage, strained relationship
and dependency of the applicant for her livelihood on the respondent is
admitted by both the parties. If we go through record in support of the
allegations the applicant filed on record various documents, particularly
copy of F.I.R., medical record, etc., besides the above admitted fact.
7. Against it if we go through the reply filed by the respondent, except
bare affidavit there is nothing on record. The non payment of day to day
expenses is almost admitted. This fact clearly constitutes economic
violence. The conduct of the respondent gathered from whole record
reflects that he is taking no care of the day to day requirements of the
applicant. The other allegations pertaining to domestic violence are also
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C. C. No. 74 DV 2021 Parveen Vs Arshadali and ors.
CNR-MHMM18-002009-2021
supported by affidavit and other record. In such a situation it can be
inferred that the respondent committed various acts of domestic violence
against the applicant, including emotional and economic violence, hence,
I recorded my findings on Point Nos.1 and 2, in the affirmative.
8. So far as reliefs are concerned, the applicant claimed several
reliefs, but she is in need of maintenance and it is bonafidely submitted
that interim maintenance may kindly be immediately granted.
Considering the status of the parties and other facts came on record and
day to day requirements of the parties, following order -
ORDER
a. The prayer is partly allowed.
b. The main respondent Mr. Arshadali Shakirali Ansari, is herewith
directed to pay Rs.10,000/- (Rupees Ten Thousand Only) per month to
the applicant, Mrs. Parveen Arshadali Shakirali Ansari, from the date of
filing of application till the month of October 2024, as past interim
maintenance.
c. The respondent Mr. Arshadali Shakirali Ansari, is herewith
directed to pay the interim maintenance of Rs.15,000/-(Rupees Fifteen
Thousand) per month to the applicant, Mrs. Parveen Arshadali Shakirali
Ansari, from November 2024 till the decision of the main application
towards maintenance, so that applicant shall not be compelled to knock
the doors of court again and again for enhancement of the maintenance
amount.
d. The prayer for other interim reliefs is rejected.
e. The copy of this order shall be given free of costs to both the
parties.
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f. If respondent Mr. Arshadali Shakirali Ansari, failed to comply the
order the applicant is directed to file separate application bearing separate
number for recovery of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 15.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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