Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: - 1 - C.C.NO. 120/DV/2018
IN THE COURT OF ADDL.CHIEF METROPOITAN MAGISTRATE
9TH COURT, BANDRA, MUMBAI.
C.C.NO. 120/DV/2018
Mrs. Seema Ganesh Kandu … Applicant
V/s
1. Ganesh Ramnivas Kandu
2. Ramnivas Kandu
3. Vishal Ramnivas Kandu
4. Anamika Vishal Kandu … Respondents
ORDER BELOW EXH.1.
1. Read the application and say given thereon. I have heard
both side and documents filed on record.
2. Following points arise for my determination and I record
my findings against each of them for the reasons as under :-
Sr. No Points Findings
(i) Whether petitioner is subjected to domestic
violence at the hands of respondents?
In the affirmative
(ii) Whether petitioner is unable to maintain herself
and child?
In the affirmative
(iii) Whether respondent no. 1 has sufficient means of
income?
In the affirmative
(iv) What order ? As per final order
REASONS
As to Point nos. (i) to (iii):
3. It is contended that petitioner is legally wedded wife of
respondent no.1 and other respondents are her in-laws. After few days
of the marriage, petitioner was subjected to physical, mental and
economical violence at the hands of respondents. The marriage was
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fixed on false representation of respondents that the respondent no.1 is
working in Taj at Pune. The respondents used to make dowry demands
and on failure of fulfilment of demand, petitioner was subjected to
domestic violence at their hands. Respondent no.1 wanted to perform
love marriage. Respondents have driven out the petitioner from
matrimonial house with small child without reasonable cause. The
respondent no.1 purposefully left the job only to harass the petitioner.
He avoided to maintain petitioner and her small child. Therefore,
petitioner constrained to file interim application for maintenance and
for residential order.
4. On the contrary, all the allegations made by petitioner are
denied by the respondents. They submitted that there was no domestic
violence of petitioner. Petitioner was in habit to frequently visit her
parental home and she is adamant. There was not any kind of domestic
violence on petitioner. She has left the house of respondent on her
own accord, therefore, she is not entitled for maintenance. Hence,
they prayed for dismissal of petition.
5. Having considered rival submissions of both side and
provisions of Domestic Violence Act, it is submitted that definition of
domestic violence is too wide and it includes single act or omission of
verbal, physical and mental violation against woman. In the present
case, all the allegations made by petitioner are supported by affidavit.
Keeping wife and small child outside matrimonial home amounts to
domestic violence. This is sufficient cause of action and domestic
violence against any woman, whose marriage is in existence and her
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husband does not like her on the basis of complexion. Prima-facie
there is no reason to disbelieve the contention of petitioner. Therefore,
I record my finding as to point no. (i) in the affirmative.
6. Both the parties have not filed any document to show
source of income of each other. Respondent is absent and he has not
made any submission in respect of his earning. Today, petitioner fairly
submitted that her husband was earning Rs.25,000/- p.m. with
incentive. She is willing to go to her matrimonial home, but today also
respondents are absent before the court. Per contra, there is no
evidence on record to show that petitioner is working woman.
Petitioner being a woman and jobless, is unable to maintain herself and
her child. It is legal as well as moral duty of respondent no. 1 to
maintain his wife and children according to his living standard. Hence,
I record my findings as to point no. (ii) and (iii) in the affirmative.
7. Considering above discussion, living standard of parties,
capacity of earning, and inflation rate in present days, respondent no. 1
can pay Rs.7,000/- per month to the petitioner and her child. With this,
I proceed to pass following order.
ORDER
i) The application is partly allowed.
ii) Respondents shall not cause any kind of domestic violence
to petitioner.
iii) Respondent no. 1 is directed to pay monthly interim
maintenance of Rs.7,000/- ( Rupees Seven thousand only ) from
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the date of petition to the petitioner till final disposal of the main
application.
iv) All other reliefs will be decided on merit .
v) Copy of the order be given to both the parties at free of
cost.
(S. K. Mungilwar)
Addl. Chief Metropolitan Magistrate,
Dt. 06/08/2019 9th Court, Bandra, Mumbai
ASD.
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