Order 1

Order Details: Copy of Interim Maintenance Order
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C.C. No. 110/DV/2018
Mrs. Yasmin Nurullain Shaikh … Applicant
Vs.
Mr. Nurullain Nizamuddin Shaikh ...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 are 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 document i.e. the copy of agreement for sale shows
that the applicant and respondent have purchased said room i.e.
Room No.22, Chawl No.67, jointly. Respondent denied said
document and challenged its genuineness. However, respondent
himself is the party to the said document. At this stage, document
has to presume genuine, giving face value. It is not in dispute that
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the applicant had resided in the said room after marriage, thus
same appears to be a shared household. Respondent alleged that
the applicant had rent out the upper portion of said room and
obtained deposit. However, no document produced to show that
the applicant has rent out the room. Same is also denied by the
applicant. Therefore, for this application the disputed room is
taken to be exclusively in the possession of respondent and the
applicant.
4. The respondent raised allegation that applicant herself
deserted him and developed extra marital affairs. It means
respondent has no objection to allow applicant to reside and
cohabit with him in the shared household. As such, the applicant
can claim residence order in the form that respondent shall not
disturb her joint possession. Therefore no impediment found to
pass residence order.
5. Applicant alleged that respondent is earning Rs. 30000/
per month. Respondent is a seasoned tailor on the contrary,
respondent submitted that he is earning Rs. 6000/ per month as
he is working for Poshakh Designer Studio. He also claimed that
the applicant is doing Zari work and earning Rs. 15000/ per
month.
6. It is absurd to say that applicant is earning Rs. 15000/
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from Zari work, whereas respondent earning Rs. 6000/ from
tailoring work. Thus, the certificate filed by the respondent prima
facie not genuine to rely upon. It can be seen that the respondent
could earn Rs. 20,000/ per month. In view of his responsibility
and some earnings of applicant, the applicant can be awarded Rs.
4000/ per month as an interim maintenance.
7. 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 not dispossess the applicant and shall
not disturb her possession in the disputed room,
shared household or respondent shall provide room in
the 1st floor to the applicant, till disposal of the
application or till further order.
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 : 03.10.2018
Mumbai
ssl.
Sd/
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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