Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: 1
C.C. No. 32/DV/2018
CNR No.MHMM180027672018
Zaineb Amjad Shaikh … Applicant
Vs.
Mr. Amjad Hanir Shaikh and 2 Ors. ...Respondents
Order below application ExhP2 for interim relief.
1. Perused the application and affidavit, say of respondents Exh
P3 and documents on record. Heard both sides.
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. The respondents
blamed the applicant and raised counter allegations denying the alleged
domestic violence. The allegations and counter allegations need to be
verified by leading evidence. However, the affidavit is sufficient to show
that applicant has suffered physical, mental and economical abuse while
residing in a shared household. Primafacie , in view of complaint
allegations and applicant being residing separately due to continuous
acrimony, she can claim protection, interim maintenance and residence
order.
The respondent has denied the entire case of the applicant, however
failed to elaborate as to why the applicant would desert him. As such,
no such grounds mentioned against denial. As such, his denials appears
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to be evasive. The respondent denied his earnings and claimed that he
is earning Rs. 8,000/ per month from job as a salesman. The applicant
only alleged that the respondent is earning Rs. 1,00,000/ per month.
He is working as a DJ operator. However, both applicant and
respondent failed to produce any documents to show their actual
income.
3. The applicant has claimed monthly maintenance @
Rs.15,000/ per month and claimed alternate accommodation as per
shared household. The applicant has not given any description of shared
household. Thus, she can claim the reasonable rent. In view of standard
of living of the parties, their place of residence, applicant is entitled for
monthly maintenance @ Rs.10,000/ per month and Rs.5,000/ towards
rent as an interim relief alongside protection order. Hence, following
order :
ORDER
i) Application partly allowed.
ii) The respondents shall not commit any act of domestic
violence against the applicant.
iii) The respondent No.1 shall pay monthly maintenance
to applicant @ Rs. 10,000/ per month from the date
of application.
iv) The respondent No.1 shall pay Rs.5,000/ towards rent
from the date of order.
v) Copy of this order be given to the party free of cost.
Date : 16.11.2018
Mumbai
ssl.
Sd/
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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