Interim Order 1

Order Details: Copy of Interim Maintenance Order
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IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 104/DV/2021
CNR No.MHMM180026032021
Sandhya Santosh Tawade … Applicant
Vs.
Santosh Shankar Tawade ...Respondent
Order below application Exh3 for interim relief.
Perused the application, affidavit, documents and say of
respondent on record. Both the advocates filed their written notes of
argument. Still they argued orally on the point of bank statement and
home. The Ld. Advocate for respondent filed two citations
a. Dalip Singh Vs. State of U.P.; Civil Appeal
No.5239/2002.
b. Commissioner of Customs Vs. M/s. Aafloat Textiles
and Ors.; Civil Appeal No.2447/2007.
2. The applicant's allegations shows that the applicant has been
suffered domestic violence at the instance of respondent. Applicant
submitted about domestic violence. She submitted that this is her
second marriage and she has one daughter Krutika by her first
marriage. She also submitted that respondent married with her for
second time only to take care of his mentally retarded son. She claims
that respondent is working in Food and Inn Ltd. as Finance Manager
and earning more than Rs. 65,000/ per month. She prayed for
prohibition order, residence order, interim maintenance of Rs.35,000/
under section 23 of DV Act.
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3. The respondent filed his say at Exh8. He adopted his say as
say of this application. He submitted about his income, expenses, his
age, his retirement age, the wellbeing of his affected child. This is the
starting of respondent. He elaborated the conduct of applicant. He
further stated that he lodged the complaint against applicant in Nirmal
Nagar police station. He stated that prior to the marriage, the applicant
was employed in the office of lawyer and also working in a transport
company office and applicant has residential premises from which she is
getting the income. He prayed for rejection with cost.
4. After perusal of the Record, it appears that the marriage of
applicant and respondent is second marriage and they both have one
daughter and son respectively from their first marriage. Both the parties
admitted the physical condition of son of respondent. They both heavily
alleged on each other about the violence and counter cases. Both the
parties filed their assets and liabilities. The respondent declared his
monthly income as Rs.67,500/ and stated the monthly expenses of his
son as Rs.56,500/. The applicant has stated her income as Nil and
respondent failed to show the income proof of applicant. They both
admitted the relationship and therefore the responsibility of respondent
cannot be denied. Mere the ground of taking care of his mentally
retarded son is not the excuse to nonpayment of maintenance. The
applicant has not filed the income documents of respondent. But, the
respondent admittedly declared his income as Rs.67,500/ per month. It
cannot be denied the responsibility of son of respondent. Though this is
the second marriage of both parties but at the time of marriage, the
respondent knew the daughter of applicant and therefore now he
cannot denied the responsibility of said daughter. The Ld. Advocate for
respondent filed Supra citations which denotes on conduct of litigants,
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misrepresentation and suppression of facts in court proceedings. The
facts of both citations are not similar to the present application in our
hand and therefore they are not taken into consideration. Therefore, in
such facts and circumstances, applicant is entitled for interim
maintenance only.
ORDER
1. Application is partly allowed.
2. The respondent is directed to pay Rs. 20,000/
jointly per month maintenance to applicant and her
daughter from the date of the application.
3. Copy of this order be given to the applicant free of
cost.
Date : 21.04.2023
Mumbai
(Smt. A.M. Shah)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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