Interim Order 1

Order Details: Copy of Interim Maintenance Order
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C.C. No. 88/DV/2018
CNR No.MHMM180068512018
Mrs. Rekha Chhagan Sasane … Applicant
Vs.
Mr. Chhagan Mohan Sasane and 5 Ors. ...Respondents
Order below application ExhP2 for interim relief.
1. Perused the application and affidavit, say of respondents Exh
P3 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 respondents. The respondents
blamed the applicant and raised counter allegations denying the alleged
domestic violence. The allegations and counter allegations need to be
verified by leading evidence. Primafacie , in view of complaint
allegations and continuous acrimony, she can claim protection and
interim maintenance.
3. The respondent has denied the entire case of the applicant,
however failed to elaborate as to why the applicant would made false
allegations against him. As such, no such grounds mentioned against
denial. As such, his denials appears to be evasive. The respondent
denied his earnings. But, failed to disclose his actual earnings. Applicant
claimed that the respondent is working with the Congress House, Grant
Road, and earns Rs.40,000/ per month.
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4. The applicant has claimed monthly maintenance @
Rs.10,000/ per month. In view of standard of living of the parties, their
place of residence, applicant is entitled for monthly maintenance @
Rs.5,000/ per month as an interim relief alongside protection order.
Hence, following order :
ORDER
i) Application partly allowed.
ii) The respondents shall not commit any act of domestic
violence against the applicant.
iii) The respondent No. 1 shall pay monthly maintenance
to applicant @ Rs. 5,000/ per month from the date of
application.
iv) Copy of this order be given to the party free of cost.
Date : 16.11.2018
Mumbai
ssl.
Sd/
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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