Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: 1
C.C. No. 113/DV/2018
CNR No. MHMM180074432018
Arshin Nadeem Qureshi … Applicant
Vs.
Nadeem Salim Qureshi and 6 Ors. ...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 at length.
Applicant sought protection order, interim maintenance @
Rs.15,000/ per month, residence order in alternative rent and
return of jewelery.
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 respondents on account of
dowry demands. The respondents 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 interim relief.
3. Applicant claimed that respondent is doing garment
business and earning Rs. 30,000/ to Rs. 40,000/ per month. He
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has no other responsibilities or liabilities. Other respondents are
earning members. On the contrary, respondent denied the same
and claimed that he is working as a labour in a garment company
and earning Rs.6,000/ per month and also contended that he has
no fixed income. According to him, his father is Safai Kamgar. His
family is also having two members taking studies. He has ailing
mother.
4. The respondents has produced certificate showing his
monthly salary issued by Aish Garment. On the contrary, applicant
produced no evidence showing actual income of respondent. The
story of respondent as to his earning and no fixed income despite
producing salary slip seems not probable. The respondent seem to
have reasonable income. The applicant has filed application after
arguments calling income tax returns of the respondent. However,
same is of no use for passing this order.
5. The respondent is able bodied and could easily earn
income around Rs. 15,000/ to 20,000/ in a city like Mumbai.
Therefore, he is found capable to pay interim maintenance @
Rs.5,000/ per month, which is reasonable.
6. In view of the facts and the allegations as to domestic
violence, it is not desirable for the applicant to reside in a shared
household. Therefore, the respondent shall have to pay rent
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towards alternate accommodation @ Rs. 3,000/ per month,
which is also reasonable.
7. The facts about the possession of jewelery is disputed
and thus no interim order can be passed.
8. In view of this, the applicant is entitle for protection,
maintenance and rent order. Accordingly I pass following order :
ORDER
i) Applicant partly allowed.
ii) Respondent are hereby resisted not to commit any
act of domestic violence in any manner.
iii) The respondent shall pay monthly maintenance to
applicant at the rate Rs. 5,000/ per month from
the date of application.
iv) The respondent shall pay monthly rent towards
alternate accommodation to applicant at the rate
Rs. 3,000/ per month from the date of application.
v) Copy of this order be given to the party free of cost.
Date : 23.01.2019
Mumbai
ssl.
Sd/
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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