Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 112 DV 2018 Renuka Vs Harkishan
CNR-MHMM18-007371-2018
ORDER BELOW EXH.1
1. Perused record. Heard both sides. This is an application under
Section 12 of Protection of Women from Domestic Violence Act, 2005,
hereinafter referred as D.V. Act, and vide prayer clause No.28(e),
applicant sought interim maintenance from the respondent till the disposal
of main application.
2. As per applicant, her marriage with the respondent took place since
long back as per Hindu rites and customs on 25.01.1988. Respondent is
highly qualified and successful businessman. Initially everything had
gone well. But later on she came to know that respondent is having illicit
relations with one lady. Due to opposition by his mother the said marriage
was solemnized. Respondent was not willing to have child from the
applicant. When he was working at Dubai, he used to bear expenses of
applicant and his mother. After the death of his mother also he bore her
expenses for some time. But later on respondent stopped paying anything.
She have no means of income and also suffering from various ailments.
Despite that respondent not taken care of her and caused various acts of
domestic violence as narrated in this application. Therefore, applicant
besides main reliefs also sought interim maintenance.
3. The respondent vide his detailed say, denied all the contentions
raised by applicant. The summary of this long say is that allegations are
false. He has taken care of the applicant and also paying maintenance to
her. In future also he is going to take care of her. Therefore, application
shall be rejected.
4. Considering adverse pleadings, submissions of both the parties and
record, I framed following points for my determination and recorded my
findings on each of them as follows for the reasons discussed below-
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C. C. No. 112 DV 2018 Renuka Vs Harkishan
CNR-MHMM18-007371-2018
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 ? ….Prayer is partly allowed.
R E A S O N S
5. The record shows that the fact of marriage, strained relationship
and dependency of the applicant for her livelihood on the respondent is
admitted by both the parties. If we go through record in support of the
allegations the applicant filed on record various documents, besides the
above admitted fact.
6. Against it if we go through the reply filed by the respondent, except
bare affidavit there is nothing on record. The non payment of day to day
expenses is almost admitted. This fact clearly constitutes economic
violence. The conduct of the respondent gathered from whole record
reflects that he is taking no care of the day to day requirements of the
applicant. The other allegations pertaining to domestic violence are also
supported by affidavit and other record. In such a situation it can be
inferred that the respondent 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.
7. So far as reliefs are concerned, the applicant bonafidely claimed
only interim maintenance, which she termed as compensation in the
prayer clause. The parties belonged to higher economic strata. The
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C. C. No. 112 DV 2018 Renuka Vs Harkishan
CNR-MHMM18-007371-2018
amount of interim maintenance must be in tune with the day to day
requirements and decent standard of living of applicant. Therefore,
following order, -
ORDER
a. The prayer is partly allowed.
b. The respondent Mr. Harkishan Kanhiyalal Khushalani, is herewith
directed to pay Rs.20,000/- (Rupees Twenty Thousand Only) per month
to the applicant, Mrs. Renuka Harkishan Khushalani, from the date of
filing of application till the month of September 2023, as past interim
maintenance.
c. The respondent Mr. Harkishan Kanhiyalal Khushalani, is herewith
directed to pay the interim maintenance of Rs.25,000/-(Rupees Twenty
Five Thousand) per month to the applicant, Mrs. Renuka Harkishan
Khushalani, from October 2023 till 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 prayer for other interim reliefs is rejected.
e. The copy of this order shall be given free of costs to both the
parties.
f. If respondent Mr. Harkishan Kanhiyalal Khushalani, failed to
comply the order the applicant is directed to file separate application
bearing separate number for recovery of arrears.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 15.09.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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