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. 127/DV/2022
CNR No.MHMM18-007092-2022
Mrs.Manju Dayachand Ashiwal … Applicant
Vs.
Mr. Dayachand Babulal+5 ...Respondents
Common Order below applications Exh-2 & 3 for interim relief.
1. Perused the application, affidavit, documents and say of
respondents on record. Heard Ld. Advocates for applicant and
respondents.
2. The applicant submitted that she has been suffered
domestic violence at the instance of respondents. She adopted her
contentions in this application. She claims that her husband is getting
more than Rs. 2,50,000/- which he receives from rent of his houses. She
next submitted that his net worth is Rs.30 lakhs and his assets are more
than Rs. 2 crore. No one is dependent on him. She prayed for getting
interim maintenance of Rs.50,000/- per month, Rs. 25,00,000/- as
security deposit for taking room, Rs.20,000/- per month as alternate
accommodation, Rs. 5,00,000/- as interim relief, compensation and
mandatory injunction in respect of immovable properties. She further
prayed for protection under section 18 and 19 of said act, restrained
order of not entering into her premises and from abusing, assaulting
and committing any other domestic violence act.
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3. The respondents admitted same reply of Exh. 1 vide Exh. 8.
They admitted relationship and marriage. They denied all the contents
in toto. They further replied about their marriage details and
circumstances. They next submitted that respondent no. 1 is getting Rs.
40,000/- and he has lot of expenses.
4. After perusal of the Record, it appears that respondent No.1
admitted the relationship but, denied all domestic violence allegations.
It is admitted that it is the second marriage of both applicant and
respondent no. 1. Furthermore, they have two children from their first
marriage. Now the applicant is residing separately. Applicant and
respondent no.1 have filed assets and liabilities at Exh-5 & 6. The
applicant stated different figures in written figures of money. The
applicant is claiming huge amount as maintenance and other reliefs.
The applicant has not filed any income documents of respondent No.1.
Applicant is claiming all other main reliefs as interim. The respondent
No.1 admitted his income of Rs.40,000/- per month. He submitted his
IT returns from 2018 to 2023 and it shows his annual income as four to
five lakh, though he has written it in assets and liabilities as NA.
Therefore, in such facts and circumstances, applicant is entitled for
interim maintenance only.
ORDER
i) Application is partly allowed.
ii) The respondent No.1 is directed to pay monthly
maintenance of Rs. 10,000/- per month to applicant
from the date of application.
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iii) Copy of this order be given to the applicant free of
cost.
Date : 02.05.2024
Mumbai
(Smt. A.M. Shah)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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