Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 57 DV 2018 Pallavi Vs Deepak and ors.
CNR No.MHMM18-004212-2018
ORDER BELOW EXH.3
1. Perused record and written notes of argument. Heard applicant.
This is an application under Section 23 of Protection of Women from
Domestic Violence Act, 2005, hereinafter referred as D.V. Act.
2. As per applicant her marriage with the respondent Deepak
Haribhau Kadam solemnized on 29.12.2010 at Bandra, Mumbai. The
marriage expenses were incurred by the applicant. After marriage
applicant had been to the house of respondents for cohabitation, which
was one room kitchen. Respondents started making various demands.
When applicant expressed inability quarrels started occurring. The main
respondent Deepak is addicted to liquor and under its influence used to
assault her. Then he posted to Rajasthan, his habit continued and applicant
suffered tremendous domestic violence. It compelled her to return to
Mumbai. The several incidences continued and on 10.04.2016, she gave
birth to a son. After that also ill-treatment continued during postings at
different places across India, as narrated in the main application. It is also
contended that they compelled her to suffer economic violence. Applicant
has no means of income. Respondent is serving in Army and earning
handsome salary and various allowances. Therefore, she filed this
application for interim reliefs in the main application. Applicant sought
protection order, residence order and maintenance, etc. in the form of
interim reliefs.
3. Respondents not appeared and not filed any say. Considering
pleadings, submissions of applicant 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 -
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C. C. No. 57 DV 2018 Pallavi Vs Deepak and ors.
CNR No.MHMM18-004212-2018
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.
3. What order ? ...Appln. is partly allowed.
R E A S O N S
4. The application supported by affidavit. The applicant in addition to
it filed on record certain documents. As respondents failed to appear and
file their say, it is thus not denied that respondents caused various acts of
domestic violence. It is also admitted that applicant is residing separately
and respondents has not made any arrangement for her survival as well as
survival of her son residing with her. 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 respondents as inferred from record also
reflects that fact the respondents taking no care of the day to day
requirements of the applicant. It is also not in dispute that applicant has
no means of income. 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. Deepak Haribhau Kadam, is herewith directed
to pay Rs.4,000/- (Rupees Four Thousand Only) per month to the
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C. C. No. 57 DV 2018 Pallavi Vs Deepak and ors.
CNR No.MHMM18-004212-2018
applicant and Rs.2,000/- (Rupees Two Thousand Only) per month to their
son, from the date of filing of application till the month of March 2022, as
past interim maintenance.
c. The respondent Mr. Deepak Haribhau Kadam, is herewith directed
to pay the interim maintenance of Rs.7,000/- (Rupees Seven Thousand
only) per month to the applicant and Rs.3,000/- (Rupees Three Thousand
only) per month to their son, from the month of April, 2022 till the
decision of the main application towards maintenance and education
expenses of the child, 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. Deepak Haribhau Kadam, is also directed to
pay Rs.5,000/- (Rupees Five Thousand only) per month to the applicant
towards house rent from today from today till the decision of the main
application.
e. The prayer for other interim reliefs is rejected.
f. If Respondent No.1, Deepak Haribhau Kadam, failed to comply the
above order the applicant is directed to file separate application bearing
separate number for its enforcement.
g. The copy of this order shall be given free of costs to both the
parties.
MUMBAI (KOMALSING RAJPUT)
DATE – 29.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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