Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 111 DV 2021 Sunita Vs Naresh and ors.
CNR-MHMM18-002810-2021
ORDER BELOW EXH.1
1. Perused record and written notes of arguments. Heard both sides.
2. The applicant approached this court under Section 12 of Protection
of Women from Domestic Violence Act, 2005, hereinafter referred as
D.V. Act, through Protection Officer and claimed various interim reliefs,
mainly maintenance.
3. It is the case of the applicant that the respondent is her husband and
on account of the domestic violence caused by the main respondent and
in-laws she has been compelled to leave matrimonial house. The
respondent caused various acts of domestic violence as narrated in the
main application.
4. The respondents vide their say, Exh.8, denied all the adverse
allegations and claimed that the applicant left matrimonial house without
any fault on their part. After marriage she has not behaved as per marital
norms and caused harassment to them. She from very first day of
marriage behaved in offensive manner and harassed them. There is no
fault on their part, therefore, application shall be rejected.
5. Considering adverse pleadings, written and oral submissions of
both the parties, and other facts and circumstances 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.
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C. C. No. 111 DV 2021 Sunita Vs Naresh and ors.
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3. What order ? ….Application is partly
allowed.
R E A S O N S
6. As stated above, both the parties filed their respective pleadings
which are supported by affidavits. The allegations made in the application
and documents particularly photographs, copies of N.C. Reports, etc.
produced there is enough material to draw the inference that respondents
caused harassment to the applicant.
7. Against it, respondents except bare denials by way of their say and
affidavit raised no concrete defence. Further they had not denied the fact
of marriage and separation without any arrangement of means of
livelihood. In such a situation it can be inferred that the respondents
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.
8. So far as reliefs are concerned, the applicant claimed maintenance
and residence order. It is brought to notice that maintenance has already
been granted by Family Court in a separate proceeding filed by main
respondent Mr. Naresh Shinde against the applicant. The copy of the said
order shows that the maintenance of Rs.7,000/- per month is already
granted to the applicant. Ld. Advocate for the applicant in reply submitted
that the said order is not bar to grant any relief by this court. Therefore,
additional amount of maintenance and other reliefs can be granted. He
relied on the fact that respondent is in service with local authority and
earning good income. Applicant has no source of income. Therefore, the
additional amount needs to be granted as denying such reliefs may have
severe adverse consequences on applicant.
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C. C. No. 111 DV 2021 Sunita Vs Naresh and ors.
CNR-MHMM18-002810-2021
9. Law is well settled. There is no bar to grant additional amount of
maintenance or for other reliefs. Considering the status of the parties,
facts pleaded and prayers made in this application for various interim
reliefs, I am of the opinion that following order will serve the cause of
justice -
ORDER
a. The prayer for interim reliefs is partly allowed.
b. The main respondent Mr. Naresh Digambar Shinde, is herewith
directed to pay Rs.3,000/- (Rupees Three Thousand Only) per month to
the applicant, Mrs. Sunita Naresh Shinde, from the date of filing of
application till the month of November 2023, as past interim
maintenance.
c. The respondent Mr. Naresh Digambar Shinde, is herewith directed
to pay the interim maintenance of Rs.5,000/-(Rupees Five Thousand) per
month to the applicant, Mrs. Sunita Naresh Shinde, from December 2023
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 respondent Mr. Naresh Digambar Shinde, is herewith directed
to pay the amount of Rs.3,000/-(Rupees Three Thousand) per month to
the applicant, Mrs. Sunita Naresh Shinde, from December 2023 till the
decision of the main application towards house rent.
e. The above total amount awarded towards interim maintenance
except house rent is not in addition to the maintenance pendente lite
granted by Family Court. Therefore, the amount granted as maintenance
is ordered to be adjusted against the amount of maintenance ordered by
Family Court in Petition No.A-1010 of 2021.
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CNR-MHMM18-002810-2021
f. The prayer for other interim reliefs is rejected.
g. The copy of this order shall be given free of costs to both the
parties.
h. If respondent Mr. Naresh Digambar Shinde, failed to comply the
order the applicant is directed to file separate application bearing separate
number for recovery of arrears.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 22.11.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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