Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 89 DV 2018 Vandana Vs. Chintan
CNR-MHMM18-007558-2018
ORDER BELOW EXH.1
1. Perused record. Heard both the sides.
2. The main application is filed under Section 12 of Protection of Woman
from Domestic Violence Act, 2005. Interim maintenance was already granted
and now present matter is fixed for execution of order of interim maintenance
and subsequent proceedings. At such a stage applicant also sought other reliefs
in pursuance of interim order and now matter is fixed for passing orders on all
these applications including issuance of non-bailable warrant.
3. Ld. Advocate for the respondent during his submissions mentioned that
respondents challenged the interim order in revision before Sessions Court and
the said revision is pending for final hearing on 03.09.2021. Till that time
matter be adjourned on the same stage. Ld. Advocate for the applicant strongly
objected to it, stating that there is clear breach of order of this court and not a
single penny paid till date. Applicant is in need of money for various urgent
reasons. Therefore, warrant be issued.
4. Admittedly, applicant is in huge arrears of interim maintenance. But he
challenged this order before Higher Court and which is about to be decided
finally. In addition to this other applications are also pending for hearing and
passing of the orders. Those applications are also based on interim orders of
this court. In such a situation I am of the opinion that the matter needs to be
adjourned for reasonable time but at the same time the conduct of the
respondent and the huge amount of arrears cannot be ignored. Therefore,
before granting such adjournment till the order of Revisional Court, certain
rider needs to be provided to the applicant so that balance of the interests of
both the parties can be maintained. Therefore, following order -
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C. C. No. 89 DV 2018 Vandana Vs. Chintan
CNR-MHMM18-007558-2018
ORDER
a. All the applications are kept for hearing and passing necessary orders on
07.10.2021. The respondent is directed to deposit ¼th of the total arrears of the
amount due within one month from today in the court. Applicant to inform
details of arrears in written.
b. Both the parties are directed be ready with the arguments and other
compliances on next date without fail.
c. Subject to decision of revision application of the respondent the
applicant is at liberty to withdraw the amount after decision.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 31.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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