Interim Order 1

Order Details: Copy of Interim Maintenance Order
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IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
C. C. No. 192/DV/2023
CNR NO. MHMM18-010102-2023
Mrs. Jyoti Sanjeev Saindane,
Age: 48 years, Occ.: Housewife,
Residing at – B – 99, Room No.2, First
Floor, Government Colony, Bandra East,
Mumbai.
…... Applicant
V/s
Mr. Sanjeev P. Saindane,
Age: 54 years, Occ.: Service,
Residing at – B – 99, Room No.2, First
Floor, Government Colony, Bandra East,
Mumbai.
…... Respondent
Order below application Exh-2 for interim relief.
1. Read the application, affidavit, documents on record and
say of the respondent. The Ld. Advocate for applicant and respondent in
person orally argued the matter.
2. The applicant’s allegations shows that, the applicant has
prima facie suffered domestic violence at the instance of the
respondent. Applicant claims that respondent is a Government servant
and getting handsome salary of Rs.1,50,000/- per month at the time of
filing of the application. Applicant prayed for interim maintenance of
Rs.70,000/- per month for herself from the date of application. Also she
has prayed for interim relief of non-eviction or exclusion from shared
household, commission of any act of domestic violence, non-alienation
of assets and properties, removal of himself from the shared household,
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no entry in the bedroom, arrangement of equal accommodation on rent
with security deposit and Rs.1 crore as compensation.
3. Both applicant and respondent have filed their Income and
Assets Liabilities Affidavits at Exhs-5 and 6 along with salary slip of the
respondent and Income Tax Returns of both respectively on record. As
per the copy of salary slip of May 2024 the respondent works as a
Supervisor in Directorate of Languages. His level is S-15, his basic pay is
Rs.77,800/-. The total payment is 1,13,888/- and a net payment after
excluding Government recoveries of Rs.28,276/- is Rs.84,302/-.
Therefore, he was asked to produce latest salary slip. Accordingly, he
has produced salary slip for the month of November 2025. The
respondent as per Exh-7 has produced salary slip for the month of
January 2026 in pursuance of the order passed to that effect. It shows
that the basic salary of the respondent is Rs.87,400/-. His total per
month salary is Rs.1,35,770/- and he is getting net pay in hand worth
Rs. 1,11,954/- at the time of passing this order. The main relief which
the applicant is claiming her right of residence, which is at B 99 Room
No. 2, First Floor, Government Colony, Bandra (E).
4. The respondent in his say to the said application stated that
he is co-residing in the shared household in the given address alongwith
their children. The respondent is the bread earner of the family and is
taking care of all the three children and the applicant. The respondent is
making all the expenditure for all the ailments of the applicant for last
more than 15 years. The respondent has never asked the applicant to
leave the house or thrown her out the shared household. The applicant
has a right to reside in the shared household and shall continue to have
the same in future also alongwith the respondent and same is not
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denied by him. Therefore, prayer under Section 19(a) also cannot be
granted.
5. The alleged incidences of domestic violence cannot be
decided on the affidavits alone and proper trial and evidences are
required to be recorded. For deciding the truth in the same. The
respondent is already maintaining his children even at this point. The
shared household is a residence, which is given to the accused to the
respondent being a Government employee. Therefore, without any
proof of alleged physical, cruelty or violence, he cannot be directed to
remove himself from the shared household. Similar is the situation
about prohibiting the entry in the shared household and restraining
order from renouncing his rights in the shared household. Therefore the
prayers to that effect under Section 19 (b) (c) and (e) cannot be
granted.
6. The applicant has also claimed a prohibition order under
18 (e) from Prohibition the respondent in alienating the any assets and
properties. If there is no proof on record that the respondent has
alienated or is about to alienate any of his assets and properties.
Therefore, blanket restraint order cannot be granted in favour of
applicant.
7. The applicant is claimed Rs.70,000/- per month as
permanent maintenance from the respondent. The applicant has
admitted the fact that the respondent is maintaining their three children
though applicant has claimed that the respondent is not making
necessary medical expenses. It is only word against word and the same
cannot be decided without formal proof. The still facts remains that the
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applicant requires some amount of money for her personal expenses.
Considering the liabilities on the respondent and his income, the
respondent is directed to give an amount of Rs. 20,000/- per month as
interim maintenance to the applicant from the date of the application.
8. As the applicant is still enjoying the shared household, her
prayer of alternate accommodation under section 19(1)(f) cannot be
considered at this stage. Similarly the applicant is claiming a bond for
security for preventing commission of Domestic Violence by the
respondent. The fact of commission of Domestic Violence needs to be
proved during trial. Admittedly the respondent is Government Servant.
The applicant has not produced on record even a NC against the
respondent. In this situation, this prayer also cannot be allowed at this
stage without any prima-facie proof. Hence, the prayer under section
19(3) and 18(a) cannot be granted at this stage.
9. The applicant has also claimed 1 Crore compensation and
damages for the injuries. The same requires formal proof without which
it is not possible to award such compensation or damages at this stage.
Hence the prayed under section 22 also cannot be granted.
10. In view of this and stage of proceedings, the application
deserves to be allowed partly. Hence, following order :-
ORDER
i) Application is partly allowed.
ii) The respondent shall pay monthly maintenance to the
applicant of Rs. 20,000/- per month from the date of
application.
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iii) It is hereby declared that the applicant has a right to
reside in the shared household and she shall not be
evicted or excluded from the same.
iv) Copy of this order be given to both the parties free of
cost.
v) One copy of the order be sent to the concern police
station.
Date : 02.05.2025
Mumbai
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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