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. 73/DV/2018
CNR No. MHMM180053352018
Mrs. Nilam Ananda Satpute … Applicant
Vs.
Mr. Ananda Aakaram Satpute and 3 Ors. ...Respondents
Order below application ExhP2 for interim relief.
1. Perused the application and affidavit, say of respondents
ExhP4 and documents on record. Heard both sides.
2. The relations and the marriage are not in dispute. The
complaint allegations shows that the applicant has been suffered
domestic violence at the instance of respondent. The respondent
blamed the applicant and raised counter allegations denying the
alleged domestic violence. The allegations and counter allegations
needs to be verified by leading evidence. Primafacie , in view of
complaint allegations and applicant being residing separately due
to continuous acrimony, she can claim protection, interim
maintenance and residence order.
3. The applicant seem to have resided in the shared
household. Thus, has right to reside therein. Otherwise, the
respondent shall have to make alternate arrangement or have to
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pay rent. Applicant claims that the respondent is earning an
income of Rs.20,000/ per month and claimed that she has
responsibility of education of his son and she recently make
payment of Rs.45,000/ towards his admission in the English
medium school and thus claim maintenance @ Rs.10,000/ per
month. Whereas, respondent claimed that he is earning Rs.
6,000/ as he is serving as a courier boy. There is no document to
show any income. However, it cannot be accepted that respondent
is earning Rs.6,000/ per month.
4. In view of responsibilities carrying by the respondent,
the applicant can be awarded Rs. 4,000/ per month as an interim
maintenance. Alongside the respondent is also directed to pay
Rs.3,000/ towards rent. Otherwise, allow applicant to reside in
the shared household.
5. In view of this and stage of proceedings, the application
have to be allowed partly. Hence, following order :
ORDER
i) Applicant partly allowed.
ii) The respondent shall pay monthly maintenance to
applicant at the rate Rs. 4,000/ per month from the
date of application.
iii) Respondent shall allow applicant to reside in the
shared household. Otherwise, pay rent @ Rs.3,000/
per month.
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iv) The respondent shall not commit any act of domestic
violence.
v) Copy of this order be given to the party free of cost.
vi) One copy be sent to the concern police station.
Date : 25.10.2018
Mumbai
ssl.
Sd/
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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