Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 58 DV 2022 Reshma Vs Praveen and ors.
CNR-MHMM18-002835-2022
ORDER BELOW EXH.7
1. Perused record. Heard both sides. 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. In
the said application she claimed various reliefs and by way of this
application also sought interim relief of maintenance and residence.
2. As per applicant, her marriage with respondent Mr. Praveen Babu
Kunchikurve, hereinafter referred as main respondent, took place on
06.12.2015. Out of said marriage two children, daughter Diya and son
Tanish, born. Main respondent caused various acts of domestic violence
as narrated in the main application. Therefore, she filed main application
and present application for interim reliefs in it.
3. Respondent in his reply denied all the adverse allegations. He
contended that he has taken care of all the requirements of applicant and
children. Applicant herself is adamant and not taking care of respondent.
His mother is ill and dependent on him. He is ready to further married life
with applicant. He has no sufficient means of income. He has not caused
any domestic violence. Therefore, application shall be rejected.
4. Considering adverse pleadings of both the parties, their
submissions 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. 58 DV 2022 Reshma Vs Praveen and ors.
CNR-MHMM18-002835-2022
3. What order ? ..Appln. is partly allowed
R E A S O N S
5. As stated above, both the parties filed their respective pleadings
which are supported by affidavits. The applicant in addition to it filed on
record certain documents and it is also admitted that applicant is not
residing with the respondent and he has not made any arrangement for her
survival as well as survival of the children residing with her. Against it,
respondents except bare denials by way of their say and affidavit raised
no concrete defence. The contents of the affidavit the copies of other
documents and the fact that no arrangement made clearly leads to prima
facie inference that there caused domestic violence by the respondent.
The conduct of the respondent from whole record also reflects the fact
that respondents taking no care of the day to day requirements of the
applicants. It is submitted that he has no means of income and he loss the
job, is not defence at all. He is bound to maintain the applicants. In such a
situation it is clear that the respondents committed various acts of
domestic violence against the applicants. Therefore, I recorded my
findings on Point Nos. 1 and 2, in the affirmative. Considering the facts
pleaded pertaining to income of main respondent and material on record
in support of it I am of the opinion that following order will serve the
cause of justice, -
ORDER
a. The application is partly allowed.
b. The respondent Mr. Praveen Babu Kunchikurve, is herewith
directed to pay the interim maintenance of Rs.4,000/-(Rs. Four Thousand)
per month to the applicant and Rs.2,000/- (Rupees Two Thousand) per
month to each of the child, daughter Diya and son Tanish, from the date
of application, till the decision of the main application towards
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C. C. No. 58 DV 2022 Reshma Vs Praveen and ors.
CNR-MHMM18-002835-2022
maintenance and education expenses of the child. It means main
respondent shall pay total amount of Rs.8,000/- (Rs. Eight Thousand) per
month to the applicant and her children, from the date of application till
its disposal.
c. The respondent, Mr. Praveen Babu Kunchikurve, is also directed to
pay Rs.2,000/- (Rupees Two Thousand only) towards house rent.
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 and if Respondent failed to comply the order the applicant is
directed to file separate application bearing separate number for recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.09.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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