Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: 1
C.C. No. 246/DV/2019
CNR No.MHMM180078282019
Mrs. Guljar Jubin Mohd. Shaukat Shaikh … Applicant
Vs.
Mohd. Shaukat Mohd. Ahmed Shaikh & Ors.
...Respondents
Order below ExhP1 for interim relief.
1. Perused the Domestic Incident Report and affidavit, say
of respondents ExhP3 and documents on record. Heard both
sides at length. Applicant sought interim maintenance @
Rs.25,000/ per month alongwith tuition fees of her son.
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, suspicion on character, taunting and ill
treatment. 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 a government
servant, serving in the Central Government undertakings (Indian
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Railways) as a Pointsman and having salary rupees more than
40,000/. Respondent also admitted the same and produced salary
slip on record showing in hand salary of Rs.41,689/ per month.
He has to maintain his old age mother. He claimed that he is not
responsible to pay any maintenance to major children. He also
claimed that he already taken care of educational fees.
4. Advocate for the applicant argued that there was
consistent dowry harassment and taunting. The applicant is
responsible to maintain the daughter and the son, though they are
major. According to her, the reply is vague. Respondent argued
that the applicant and the son and daughter harassing him and
not looking after him. They only intending to grab money and to
remove him from the house and therefore all the allegations are
false. He also claimed that the marriage is very old and absolutely
there is no any complaint against him.
5. Mere nonfiling of case is not reason to disbelieve that
the applicant. The applicant seen to have filed complaint with the
concern authority leading to filing of DIR, sufficiently shows that
she suffered domestic violence. The single act or omission would
also amounts a domestic violence.
6. Considering the income of respondent and his possible
expenses, he is found capable to pay interim maintenance @
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Rs.5,000/ per month to the applicant, which is reasonable.
7. The respondent claimed that his daughter is 26 years old
and she left studies many years ago and he has no knowledge that
she is pursuing law. The applicant has filed on record only the fee
structure of his son, who is pursuing hotel management course. As
the respondent has not denied his responsibility to bear expenses
of education, he has to pay the educational fee as and when
required.
8. In view of this, the applicant is entitled for maintenance.
Accordingly, I pass following order :
ORDER
i) Applicant partly allowed.
ii) The respondent shall pay monthly maintenance to
applicant at the rate Rs. 5,000/ per month from
the date of application and to pay educational fees
of son & daughter, as and when required.
iii) Copy of this order be given to the party free of cost.
Date : 25.02.2021
Mumbai
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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