Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 51 DV 2022 Asma Vs Noosrat and ors.
CNR-MHMM18-002049-2022
ORDER BELOW EXH.7
1. Perused record. Heard both sides.
2. The applicant Mrs. Asma Noosrat Khan, approached this court as
per Section 12 of Protection of Women from Domestic Violence Act,
2005, hereinafter referred as D.V. Act, and filed present application in it
for seeking interim reliefs of protection and maintenance.
3. As per applicant, her marriage with the main respondent Mr.
Noosrat Raees Khan, is her husband. He along with other respondents
caused various acts of domestic violence against her, as narrated in the
main application. Those acts compelled her to leave matrimonial house.
She has no means of income to earn her livelihood. Therefore, she filed
main application and present application in it, for various interim reliefs.
4. The respondent vide his detailed say, denied all the contentions
raised by applicant. The summary of his defence is that all the allegations
are false. They had not caused any act of domestic violence. Applicant
left matrimonial home on her own without any justifiable cause. She also
lodged false case against them. He has no means of income as claimed.
Application is filed with malafide intention to extract money. 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.
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C. C. No. 51 DV 2022 Asma Vs Noosrat and ors.
CNR-MHMM18-002049-2022
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. The main application and present application
is supported by affidavit. Against it if we go through the reply filed by the
respondent, except bare denials and 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. 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. Therefore, I
recorded my findings on Point Nos.1 and 2, in the affirmative.
7. So far as reliefs are concerned, the applicant bonafidely claimed
only interim maintenance, which she termed as compensation in the
prayer clause. The applicant filed affidavit of her Assets and Liabilities
and claimed that she is in need of interim maintenance of Rs.40,000/- per
month and respondent is earning Rs.25,000/- per month. The respondent
not filed his affidavit of Assets and Liabilities in proper format and
avoided to furnish details. He is able bodied person and the affidavit of
the applicant supports the fact of earning of respondent, claimed by her.
Except maintenance, other interim reliefs can not be granted at this stage.
Considering all these aspects, status of the parties and reliefs claimed by
the applicant against main respondent. Accordingly, following order in
the interest of justice -
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C. C. No. 51 DV 2022 Asma Vs Noosrat and ors.
CNR-MHMM18-002049-2022
ORDER
a. The prayer is partly allowed.
b. The respondent Mr. Noosrat Raees Khan, is herewith directed to
pay Rs.8,000/- (Rupees Eight Thousand Only) per month to the applicant,
Mrs. Asma Noosrat Khan, from the date of filing of application till the
decision of the main application towards interim maintenance.
c. The prayer for other interim reliefs is rejected.
d. The copy of this order shall be given free of costs to both the
parties.
e. If respondent Mr. Noosrat Raees Khan, failed to comply the order
the applicant is directed to file separate application bearing separate
number for recovery of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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