Interim 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. 128/DV/2020
CNR No. MHMM18-003975-2020
Mrs. Barkha Bahar Suryavanshi … Applicant
Vs.
Mr. Bahar Nandkumar Suryavanshi +1 ...Respondents
Order below application Exh-6 for interim relief.
Perused the application, affidavit, documents and say of
respondents on Exh-10 on record. Ld. Advocates for applicant and
respondents filed written notes of arguments.
2. The applicant's allegations shows that the applicant has
been suffered domestic violence at the instance of respondents
and she elaborately stated all the incidents in detail from
marriage. Applicant submitted about domestic violence. She
claims that respondent No.1 is working with MSI Shipping
Company and earning not less than Rs.2,50,000/- per month and
respondent No.2 is getting salary more than Rs.1 Lakh per month
as BMC School Headmistress. She prayed for interim protection
order, house rent of Rs.25,000/- per month with deposit of Rs.1
Lakh, Rs.50,000/- for other expenses, Rs.40,000/- for education
expenses, direction to hand over all the relevant documents and
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not to remove the custody of Myra. She next prayed that no one is
dependent on respondents.
3. The respondents filed their reply at Exh-10. They
totally denied all the contentions of applicant. They next
submitted that applicant is working before marriage and now she
is working. They prayed for rejection.
4. After perusal of the Record, it appears that
respondents not directly admitted the relationship but in their
contentions they admitted the relationship and birth of Myra.
Now the applicant is residing separately. The applicant is claiming
huge amount as maintenance and other prayers are also huge. The
applicant has not filed the income documents of respondents. But,
the respondents admittedly declared respondent No.1’s income as
Rs.15,000/-. It cannot be denied the responsibility of mother and
grand mother of respondent No.1. Myra is with applicant and
respondents have not filed any income proof of applicant.
Therefore, in such facts and circumstances, applicant is entitled for
interim maintenance only.
ORDER
1. Application is partly allowed.
2. The respondent is directed to pay Rs.5,000/-
jointly per month maintenance to applicant and
daughter from the date of the application.
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3. Copy of this order be given to the applicant free of
cost.
Date : 09.10.2023
Mumbai
(Smt. A.M. Shah)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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