Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 221 DV 2022 Madhuri and anr. Vs Sunil and ors.
CNR MHMM18-014528-2022
ORDER BELOW EXH.5
1. Perused record and written notes of arguments. Heard both sides.
This is an application under Section 23 of Protection of Women from
Domestic Violence Act, 2005, hereinafter referred as D.V. Act.
2. As per applicant, the Respondent No.1, Sunil Madhukar Ganorkar,
hereinafter referred as main respondent, is her husband. Out of the said
marital tie, a daughter Miss Kridha, born and now residing with the
applicant. Respondent caused various acts of domestic violence as
narrated in the main application. He drove her out of matrimonial house
with her daughter and made no arrangement for their livelihood, so also
applicant and her daughter has no other place to reside, therefore,
maintenance shall be granted to them and responded shall also be
restrained from remove them out of shared household.
3. The respondent vide his say Exh.12, denied all the adverse
allegations. The summary of his defence is that applicant on her own left
matrimonial house and started residing with her parents. He has not
caused any act of domestic violence. She is adamant and refused maintain
contacts with him. She is having sufficient means of income and place to
reside as well. Therefore, application shall be rejected.
4. Considering adverse pleadings, written and oral submissions of
both the parties, and other facts and circumstances I framed following
points for my determination and recorded my findings on each of them as
follows for the reasons discussed below-
POINTS FINDINGS
1. Does from the material on record applicant succeeded
in making out prima facie case of commission of
domestic violence against her by the respondent ? ....In the affirmative.
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C. C. No. 221 DV 2022 Madhuri and anr. Vs Sunil and ors.
CNR MHMM18-014528-2022
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ....In the affirmative.
3. What order ? ….Appli. is partly allowed.
R E A S O N S
5. As stated above, both the parties filed their respective pleadings
which are supported by affidavits. If we go to the main application and
present application for interim reliefs the applicant pleaded several
detailed acts constituting various sorts of domestic violence against her.
She also filed on record notice and certain photographs, corroborating her
pleading. Against it the respondent except bare denials produced nothing
in his say. He relied on one of the photograph and it is submitted that
applicant is addicted to liquor. But that itself is not enough to disbelieve
her version. Further, in the alternative even if it is presumed that applicant
drinks liquor, that itself can not be said to be a reason to draw any adverse
inference against her. The relationship as well as the fact that applicant
and her daughter are residing separately since long and respondent made
no arrangement for their livelihood, is also admitted. The conduct of the
respondent from whole record also reflects the fact that respondent taking
no care of the day to day requirements of the applicant and her daughter.
In such a situation it can be inferred that the respondent committed
various acts of domestic violence against the applicant, including
emotional and economic violence. Therefore, I recorded my findings on
Point No.1, in the affirmative.
6. So far as reliefs are concerned the applicant pleaded that she has no
means of income. The respondent denied the said fact and contended that
applicant is working and earning good salary. He admitted that he is also
serving with Bajaj Finance and earning salary. Later on applicant also
admitted that she is serving with a bank, earning salary of Rs.20,000/-
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C. C. No. 221 DV 2022 Madhuri and anr. Vs Sunil and ors.
CNR MHMM18-014528-2022
plus. A question then arises whether the relief can be denied to the
applicant. The parties are educated and belongs sound background.
Admittedly responded has not made any arrangement for survival of the
applicant and her daughter during the long span of separation. It is not
expected that in such a situation the applicant shall wait for the mercy of
the respondent to earn day to day livelihood. Therefore, she is bound to
work and earn for survival. Considering the status of the parties the salary
of Rs.20,000/- plus, can not be said to be enough to applicant and her
daughter. As such merely because applicant is earning reliefs can not be
denied. Therefore, I recorded my finding on Point No.2, as well in the
affirmative. Considering the facts pleaded and the above observations
made, I am of the opinion that following order will serve the cause of
justice, -
ORDER
a. The application is partly allowed.
b. The main respondent Mr. Sunil Madhukar Ganorkar, is herewith
directed to pay Rs.5,000/- (Rupees Five Thousands Only) per month to
the Applicant No.1, Mrs. Madhuri Sunil Ganorkar, and Rs.3,000/-(Rupees
Three Thousands Only) per month to their daughter, Miss Kridha Sunil
Ganorkar, from the date of filing of application till the month of May
2025, as past interim maintenance.
c. The main respondent Mr. Sunil Madhukar Ganorkar, is herewith
directed to pay the interim maintenance of Rs.5,000/-(Rupees Five
Thousands only) per month to the applicant, Mrs. Madhuri Sunil
Ganorkar, and Rs.5,000/- (Rupees Five Thousands only) per month to
their daughter Miss Kridha, from today till the decision of the main
application towards maintenance and education expenses of the child, so
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C. C. No. 221 DV 2022 Madhuri and anr. Vs Sunil and ors.
CNR MHMM18-014528-2022
that applicant shall not be compelled to knock the doors of court again
and again for enhancement of the maintenance amount.
d. The main respondent, Mr. Sunil Madhukar Ganorkar, is also
directed to pay Rs.3,000/- (Rupees Three Thousands only) towards house
rent.
e. The prayer for other interim reliefs is rejected.
f. The copy of this order shall be given free of costs to both the
parties and if Respondent failed to comply the order the applicant is
directed to file separate application bearing separate number for recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 29.05.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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