Order 1

Order Details: Copy of Interim Maintenance Order
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IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 233/DV/2019
CNR No. MHMM180075772019
Mrs. Anam Abdul Khan … Applicant
Vs.
Mr. Abdul Rehman Sultan Khan +4 ...Respondents
Order below application Exh2 for interim relief.
1. Perused the application, affidavit, documents and say of
respondent No.1 on record. Heard Ld. Advocate for
applicant and respondent No.1 at length. The Ld.
Advocate for respondent No.1 also filed written notes of
argument at Exh11. It seems that the applicant
mistakenly given heading as an affidavit rather than
application and nonapplicant No.1 filed say on that
affidavit. Therefore, it is considered as Interim
Maintenance application.
2. The complaint allegations shows that the applicant has
been suffered domestic violence at the instance of
respondents. Applicant narrated all the incidents in
detail after the marriage and repeatedly submitted about
dowry demand. She submitted that out of the wedlock,
they have one female child and that child is in custody of
applicant. She claims that her husband is permanent
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Government employee of Mathadi Kamgar as a
Supervisor at BKC, Bandra (E), Mumbai and getting
Rs.35,000/ per month. No one is dependent on
respondent No.1. She prayed for getting interim
protection order, maintenance of Rs.20,000/ per month
and house rent of Rs.7,000/ per month.
3. The respondent No.1 filed his reply on Exh
10. He admitted their prior status as divorcee and
relationship as well as earing of Rs.8,000/ per month.
He denied rest of the allegations in toto. He replied that
the applicant is doing job of Receptionist at Kanankia
and earning Rs.15,000/ per month. His parents are
dependent on him. He prayed for dismissing it with cost.
4. After perusal of the Record, it appears that
respondent No.1 admitted the relationship and he has
not stated anything about child. Now the applicant is
residing separately. The applicant is claiming huge
amount as maintenance. The applicant has not filed the
income documents of respondent No.1. But, the
respondent No.1 admittedly declared his income as
Rs.8,000/. It cannot be denied the responsibility of
parents of respondent No.1. The child is with applicant
and respondent No.1 has not filed any income proof of
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applicant. Therefore, in such facts and circumstances,
applicant is entitled for interim maintenance only.
ORDER
i) Applicant partly allowed.
ii) The respondent No.1 shall pay monthly maintenance
to applicant @ Rs. 2,500/ per month from the date of
application.
iii) Copy of this order be given to the applicant free of
cost.
iv) One copy be sent to the concern police station.
Date : 13.07.2022
Mumbai
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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