Order 1

Order Details: Copy of Interim Maintenance Order
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C.C. No. 66/DV/2018
CNR No.MHMM180050102018
Nikhat Subhan Sayyed … Applicant
Vs.
Mohd. Mustafa Sayyed & 3 Ors. ...Respondents
Order below ExhP1 for interim relief.
1. Perused domestic incident report, affidavit & say of respondent
No.1 ExhP2 and documents on record. Heard applicant and Perused
written submissions Exh3. Respondent and advocate absent. Hence could
not heard. Applicant sought interim relief that she be permitted to
prepare identity card of her daughter and to permit applicant to reside in
the house of respondent No.1.
2. The relations are not in dispute. Perusal of the say of respondent,
he alleged that he has disputed relations with his three sons including the
husband of applicant and one daughter. He has given his room to his elder
son. He has also lodged complaint against three sons with the police and
also filed application for maintenance under Maintenance of Senior
Citizens Act, 2007.
3. Thus from the allegatins and counter allegations, it is disputed
fact that whether applicant is residing in the house of respondent No.1 or
what ? Therefore unless evidence recorded, no interim order can be
passed.
4. The order of maintenance against the sons including the
husband of applicant and lodging of police complaints by the respondent
No.1 in the month of February, 2018, present application has been filed.
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5. Thus the possibility that the application has only been filed to
counter the complaints lodged by the respondent No. 1 cannot be ruled
out.
6. Thus at this stage, applicant is not entitled for any relief. Hence,
application stands rejected.
Date : 24.06.2019
ssl.
Sd/
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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