Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 133 DV 2022 Poonam Vs Dilip and ors.
CNR No.MHMM18-007333-2022
ORDER BELOW EXH.5
1. The present matter is inadvertently kept for judgment. However, it
is fixed for order on interim reliefs as per prayer made by applicant by
way of the present application, Exh.5.
2. 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.
3. The applicant approached this court contending that the respondent
Mr. Dilip S/o. Ramgopal Kanojia, is her husband. Both of them have a
minor daughter, named as Aaradhya, now residing with the applicant.
Other respondents are her in-laws. The respondents caused various acts of
domestic violence as narrated in the main application. They drove her out
of matrimonial house for no fault on her part. She has neither any source
of income nor any other accommodation except matrimonial house. The
daughter Aaradhya, is now studying and there are also school expenses to
be born by her. She is at the mercy of her parents. The respondent is
businessman and earning Rs.1 lac per month. Therefore, she filed main
application and present application for interim reliefs in it.
4. The respondents vide their say, Exh.10, denied all the adverse
allegations. They admitted the relationship with applicant and daughter.
They contended that it is a arranged marriage. After marriage, applicant
came to matrimonial house. The applicant behaved arrogantly. Her
arrogance continued even after the birth of daughter. Frequent disputes
occurred amongst them and she left matrimonial house for no fault on
their part. They tried to take her back, but failed. She lodged false report
and filed this false application. It is also submitted that now the decree of
restitution has also been passed against applicant directing her to resume
cohabitation. Therefore, application shall be rejected. Page - 1/4
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C. C. No. 133 DV 2022 Poonam Vs Dilip and ors.
CNR No.MHMM18-007333-2022
5. 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-
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
6. 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 along with affidavit. 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 conduct of the respondent from whole record also reflects
the fact that respondents taking no care of the day to day requirements of
the applicant and her daughter.
7. Against it, respondents except bare denials by way of their say and
affidavit raised no concrete defence. As stated above they had not denied
the fact of marriage and separation without any arrangement of means of
livelihood. In such a situation it can be inferred that the respondents
committed various acts of domestic violence against the applicant,
including emotional and economic violence. Therefore, I recorded my
findings on Point Nos.1 and 2, in the affirmative.
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C. C. No. 133 DV 2022 Poonam Vs Dilip and ors.
CNR No.MHMM18-007333-2022
8. So far as reliefs are concerned the applicant pleaded that she has no
means of income. The applicant also filed her affidavit for declaration of
Assets and Liabilities. Against it, it is came on record that respondent is
able-bodied person and bound to maintain the applicant and her daughter.
Though he filed his affidavit of Assets and Liabilities and pleaded meager
income he can not be absolved of his liability to maintain the applicant
and her daughter. In addition to maintenance, the applicant claimed
protection order and various other reliefs. Admittedly she is not residing
with the respondents. In the mean time there came on record nothing
which will necessitate the need of granting interim protection. The
maintenance and residence order in the form of house rent, will serve the
purpose. Considering the facts pleaded pertaining to income of main
respondent and material came on record in support of it I am of the
opinion that following order will serve the cause of justice, -
ORDER
a. The application is partly allowed.
b. The respondent Mr. Dilip S/o. Ramgopal Kanojia, is herewith
directed to pay Rs.3,000/- (Rupees Three Thousand Only) per month to
the applicant No.1, Mrs. Poonam Dilip Kanojia, and Rs.2,000/-(Rupees
Two Thousand Only) per month to their daughter, Aaradhya, from the
date of filing of application till the month of December 2024, as past
interim maintenance.
c. The respondent Mr. Dilip S/o. Ramgopal Kanojia, is herewith
directed to pay the interim maintenance of Rs.5,000/-(Rupees Five
Thousand) per month to the applicant, Mrs. Poonam Dilip Kanojia, and
Rs.3,000/- (Rupees Three Thousand) per month to their daughter
Aaradhya, from the month of January 2025 till the decision of the main
application towards maintenance and education expenses of the child, so
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C. C. No. 133 DV 2022 Poonam Vs Dilip and ors.
CNR No.MHMM18-007333-2022
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. Dilip S/o. Ramgopal Kanojia, is also directed
to pay Rs.4,000/- (Rupees Four Thousand only) towards house rent.
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 – 26.12.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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