Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 125 DV 2022 Suman Vs Nitin
CNR MHMM18-007004-2022
ORDER BELOW EXH.1
1. Perused record and written notes of arguments. Heard both sides.
This is an application under Section 23 of Protection of Women from
Domestic Violence Act, 2005, hereinafter referred as D.V. Act.
2. The applicant approached this court through Protection Officer
contending that the respondent is her husband. Respondent caused various
acts of domestic violence as narrated in the main application. These acts
compelled her to leave matrimonial house on 26.04.2022, for no fault on
her part. Though applicant is earning, she has not sufficient means of
income and separate accommodation except matrimonial house. She is at
the mercy of her brother. The respondent is running travel agency and
earning good income. The respondent using money obtained from
applicant purchased another property and now she is about to suffer
vagrancy. Therefore, she filed present applicant and claimed several
interim reliefs in it.
3. The respondent vide his say, Exh.6, denied all the adverse
allegations. He admitted the relationship with applicant and contended
that there is no fault on his part. He has not caused any domestic violence.
The applicant left matrimonial house on her own free will without any
fault on the part of the respondent. While leaving matrimonial house
applicant taken away all valuables. He admitted the fact that they had sold
a flat of the applicant at Badlapur, but for other reasons. She is fashion
designer and earns good income. She is not in need of maintenance for
any other reliefs. Applicant filed false application. It shall be rejected.
4. Considering adverse pleadings, written and oral submissions of
both the parties, 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 - Page - 1/4
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C. C. No. 125 DV 2022 Suman Vs Nitin
CNR MHMM18-007004-2022
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 ? ….Appli. is partly allowed.
R E A S O N S
5. As stated above, both the parties filed their respective pleadings
which are supported by affidavits. The applicant in addition to it filed on
record certain documents particularly Domestic Incidence Report filed by
Protection Officer. Various copies of complaints lodged with police and
other documents. The relationship as well as the fact that applicant and
her daughter are residing separately since long and respondents made no
arrangement for their livelihood, are also admitted. The important fact
pleaded by the applicant that the respondent used her money received by
her by selling property and by other means, is also almost admitted by the
respondent. The conduct of the respondent from whole record also
reflects the fact that respondent taking no care of the day to day
requirements of the applicant.
6. Against it, respondent except bare denials by way of his say and
affidavit raised no concrete defence. As respondent not denied the fact of
marriage and separation without any arrangement of means of livelihood,
it can be inferred that the respondent committed various acts of domestic
violence against the applicant, including emotional and economic
violence. It is admitted by the applicant that she is earning salary. Then
question arises, whether maintenance and other interim reliefs can be
granted or not?
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C. C. No. 125 DV 2022 Suman Vs Nitin
CNR MHMM18-007004-2022
7. The record reflects that after separations since long, respondent
made no arrangement for her livelihood. It is not expected that the
applicant shall wait for the mercy of respondent and suffer starvation and
vagrancy. If no arrangement made applicant is bound to earn her
livelihood. Further, income of the applicant is not so high, which will said
to be enough to earn livelihood in a city like Mumbai. In such a situation
it can not be said that applicant is not in need of maintenance and other
reliefs. Therefore, I recorded my findings on above points, in the
affirmative.
8. So far as reliefs are concerned the applicant pleaded that she has no
means of income and abode to live. The respondent though denied the
said fact and contended that she is doing a job and also earning from other
sources, the maintenance is bound to be granted. In view of above
findings besides the residence allowance. The respondent is travel agent.
Though he denied this fact and any means of income he can not be
absolved from liability to maintain the applicant. He is able-bodied person
and bound to maintain the applicant. Considering these aspects and the
facts came on record, through the affidavit of Assets and Liabilities of
both the parties, following order -
ORDER
a. The application is partly allowed.
b. The respondent Mr. Nitin Vidyashankar Singh, is herewith directed
to pay Rs.5,000/- (Rupees Five Thousand Only) per month to the
applicant Mrs. Suman Nitin Singh, from the date of filing of application
till the month of March 2024, as past interim maintenance.
c. The respondent Mr. Nitin Vidyashankar Singh, is herewith directed
to pay the interim maintenance of Rs.7,000/-(Rupees Seven Thousand)
per month to the applicant, Mr. Nitin Vidyashankar Singh, from today till
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C. C. No. 125 DV 2022 Suman Vs Nitin
CNR MHMM18-007004-2022
the decision of the main application towards maintenance, 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. Nitin Vidyashankar Singh, is also directed to
pay Rs.5,000/- (Rupees Five Thousand only) towards house rent from the
month of April 2025, in addition to interim maintenance granted above.
e. The prayer for other interim reliefs is rejected.
f. The copy of this order shall be given free of costs to both the
parties and if Respondent failed to comply the order the applicant is
directed to file separate application bearing separate number for recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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