Order 2

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 116 DV 2023 Anjum Vs Abbas and ors.
CNR-MHMM18-005337-2023
ORDER BELOW EXH.5
1. The applicant has filed this interim application for monthly
allowance of Rs.15,000/- towards her maintenance, Rs.30,000/- per
month towards maintenance of four children, return of articles,
ornaments and stridhan belonging to her, Rs.20,000/- towards cost of
litigation from the respondent No.1 husband. Perused application and
say filed by respondent No.1. Heard both side. Perused documents and
affidavits of Assets and Liabilities.
2. The applicant in her affidavit of Assets and Liabilities has
mentioned in Clause G(1) that one room in Chawl No.11, near Ali Yavar
Jung Hospital and another room near B.M.C. Garage, Bandra West,
Mumbai are her self properties. Further, in affidavit at Exh.16 in Para
No.2 she has stated that that she has purchased said properties from Mr.
Altaf Mulla, in respect of said properties she has paid huge amount from
her bank account. In a statement dated 29.10.2023 recorded by the
A.P.I. of Dharavi Police Station, Mumbai she has stated that her father-
in-law paid Rs.44,00,000/- and from the said fund she has purchased
two houses from said Mr. Altaf Mulla, till the delivery of possession of
said houses Mr. Altaf Mulla is paying Rs.52,000/- per month to her. The
notarized Memorandums of Understanding dated 22.08.2022 and dated
30.09.2022 corroborates said fact. The statement of account of applicant
shows that amounts are credited to her account frequently.
3. Admittedly, respondent No.1 is working as driver. According to
applicant he is earning Rs.35,000/- per month. However, there is no
documentary evidence to that regard. According to respondent No.1 his
salary is Rs.21,849/- per month. There are some screen shots of
Whatsapp chats with a person namely Aasif Sayyed. Chat shows the
extra marital affair with him. However, detailed inquiry needs to that
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C. C. No. 116 DV 2023 Anjum Vs Abbas and ors.
CNR-MHMM18-005337-2023
regard. Though the applicant has mentioned in the application that all
four children are with her, she has mentioned in her affidavit of Assets
and Liabilities that their daughter Aasiya aged 12 years is in custody of
respondent No.1. Therefore, it is clear that respondent No.1 is
maintaining himself, his old aged father and his daughter Aasiya.
4. Considering the aforesaid documentary evidence, it prima facie
shows that, the applicant has sufficient funds to maintain herself and
three children and she has two residential houses for their residence.
Therefore, her prayer for maintenance can not be allowed. So far as
claim of return of articles and stridhan is concerned, detailed inquiry and
evidence is necessary. At this stage said relief can not be considered.
Accordingly, I proceed to pass the following order -
ORDER
Application is rejected.
MUMBAI (GIRISH S. MANE)
DATE – 31.07.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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