Interim Order 1

Order Details: Order Below EX 1
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 91/DV/2020
CNR No. MHMM180030362020
Rubina Mohd. Kaunain Khan … Applicant
Vs.
Mohammed Kaunain Khan +2 ...Respondents
ORDER BELOW INTERIM APPLICATION
1. Perused the application and affidavit and documents on
record. Respondent Nos. 1 & 3 failed to file their say. Applicant
filed an affidavit stating that Respondent No.2 died on
28.11.2020. Ld. Advocate for applicant filed her written notes of
argument on interim application at Exh5.
2. The complaint allegations shows that the applicant has
been suffered domestic violence at the instance of respondents.
Applicant claims that respondent No.1 is earning in Mochi
company showroom and getting salary of Rs. 25,000/ plus
incentives per month. She submitted that no one is dependent on
respondent No.1. The applicant has not working and she depend
on her brother. She prayed for getting maintenance of Rs.13,000/
per month, house rent of Rs.10,000/ per month, deposit amount
of Rs. 1 Lakh, return of Stridhan, medical expenses, protection
order and compensation of Rs. 1 Lakh.
-- 1 of 3 --
2
3. Respondent Nos.1 & 3 remained absent. They failed to
file any say. The applicant herself deleted the name of respondent
No.2. On the other side, the applicant filed her income and assets
liabilities, affidavit on record. She stated that she is unemployed
and has no income. She has not filed any documents to show the
income of respondents. Furthermore, she is claiming many interim
orders. Mere submissions in respect of income are not sufficient
proof to decide the income of respondent No.1 & 3.
4. In view of this and stage of proceedings, the application
have to be allowed partly. Hence, following order :
ORDER
i) Application partly allowed.
ii) The respondent No.1 shall pay monthly maintenance
to applicant at the rate Rs. 1,000/ per month from the
date of application.
iii) Copy of this order be given to the applicant free of
cost.
iv) One copy be sent to the concern police station.
Date : 22.08.2022
Mumbai
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
-- 2 of 3 --
3
-- 3 of 3 --