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. 122/DV/2021
CNR No. MHMM180032012021
Afrin Azgar Ali … Applicant
Vs.
Azgar Ali +2 ...Respondents
Order below application Exh3 for interim relief.
Perused the application, affidavit, documents and say of
respondents on record. Heard Ld. Advocates for applicant and
respondents at length.
2. The applicant's allegations shows that the applicant has
been suffered domestic violence at the instance of respondents.
Applicant submitted about domestic violence. She claims that
respondent No.1 is working in Magnitude Software India Pvt. Ltd.
and earning Rs. 8,45,932/ per annum. She also submitted that
out of the wedlock, she have one daughter and now said daughter
is residing with her. She prayed for protection order under section
18 and exparte interim orders under section 23 of DV Act.
3. The respondents filed their say at Exh5 and they
totally denied all the contentions of applicant and submitted that
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this court has no jurisdiction, applicant is taking tuitions of 1st to
5th standard as well as she is doing sewing, mehendi design and
running beauty parlor and getting Rs. 40,000/ per month. They
admitted the relationship and birth of daughter as well as working
in software company and package of 8 Lakh per annum of
respondent No.1. They claimed compensatory cost of Rs.25,000/
with rejection.
4. After perusal of the Record, it appears that
respondents admitted the relationship and birth of the daughter.
Now the applicant is residing separately with her daughter. The
applicant is simply claimed orders under section 18 and 23 of said
Act. The applicant has not filed the income documents of
respondents. But, the respondent No.1 admittedly declared his
income as Rs.60,000/ per month. It cannot be denied the
responsibility of mother and sister of respondent No.1. The
daughter is with applicant and respondents have not filed any
income proof of applicant. Though the respondent No.1 shows his
monthly income as Rs. 60,000/ per month, it means that he is
accepting the annual package which stated by applicant.
Therefore, in such facts and circumstances, applicant is entitled for
interim maintenance only.
ORDER
1. Application is partly allowed.
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2. The respondent No.1 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 : 13.03.2023
Mumbai
(Smt. A.M. Shah)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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