Interim Order 2

Order Details: Copy of Interim Maintenance Order
Pdf Text: C.C.No.208/DV/2022
CNR No.MHMM18-012664-2022
1
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
12TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH. NO.5
Perused application and say of respondent Nos.1 and 2. Heard
both side.
2. The applicant has prayed to grant interim reliefs with regard to
the prayer clause No. Para. 69 E, F, G of main application.
3. The applicant has sought relief in prayer clause E to grant interim
maintenance of Rs.60,000/- per month from respondent Nos.1 and 2.
Admittedly, the applicant is mother of respondent No.2 and respondent
No.1 is wife of respondent No.2 and daughter-in-law of applicant. There
is nothing on record to show that the respondent No.1 has source of
income. Rather, admittedly respondent No.2 has source of income.
There is no dispute that the applicant has no any source of income. In
such circumstances respondent No.2 can be directed to pay monthly
allowance of Rs.10,000/- to applicant.
4. The applicant, in prayer clause F, asked to remove respondent
Nos.1 and 2 from the shared household. Admittedly, the respondent
No.1 is wife of respondent No.2. The shared household is the
matrimonial house of respondent No.1. Applicant and both the
respondents have right to reside in the said house. Therefore, they can
not be asked to leave the said house.
5. Vide prayer clause G applicant has prayed to direct both the
-- 1 of 2 --
C.C.No.208/DV/2022
CNR No.MHMM18-012664-2022
2
respondents to pay one time Rs.1,70,000/- towards the expenses of
litigation. As mentioned above the respondent No.1 has no source of
income, therefore, she can not be asked to pay said amount to applicant.
Rather, respondent No.2 has source of income. Hence, he can be
directed to pay the expenses of litigation to the extent of Rs.50,000/- to
the applicant.
6. Accordingly, I proceed to pass the following order -
ORDER
a. Application is partly allowed.
b. The Respondent No.2 shall pay Rs.10,000/- per month to
applicant for her maintenance from the date of filing of this case till the
final disposal of this case.
c. The Respondent No.2 shall pay Rs.50,000/- towards the expenses
of this litigation to the applicant within two months from today.
d. Rest reliefs are rejected.
( Girish S. Mane )
Judicial Magistrate First Class
Date : 29.07.2025 12th Court, Bandra, Mumbai.
-- 2 of 2 --