Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C.C. No. 04/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
C.C. NO.04/DV/2018
Kavita Suhas Dhure ...Aggrieved person/Applicant
v/s.
Suhas Balkrishna Dhure & Others ...Respondent
Order passed below interim application (Exh. 3).
1. Read the application. Perused say filed by respondents and
Assets and Liabilities Affidavit filed by both the parties. Heard Both the
Counsel at length.
2. This is an application filed under the provisions of the
Prevention of women from Domestic Violence Act 2005 for protection,
injunction, monetary relief and for compensation.
3. Case of the applicant is that respondent no.1 is her husband
whereas respondents nos. 2 and 3 are his real brothers. Respondent nos. 2
and 3 are residing somewhere else but they have also illtreated the
applicant. Marriage of respondent no.1 with applicant was solemnized on
11/05/2004. The expenses of marriage was borne by parents of the
applicant. After marriage she went to reside with her husband at room
no.104, Sangharsh Nagar, Chandivali Farm Road, Andheri (E), Mumbai72.
They had planned to purchase house and therefore the father of the applicant
had paid some amount to respondent no.1. All respondents started ill
treating applicant by saying barren lady. On several occasions, the applicant
was beaten up at the hands of respondents. Respondent no.1 was not regular
in payment of rent therefore they were compelled to vacate the rented house.
Respondent no.1 had mortgage the gold ornaments of the applicant for which
she had to pay. Respondent no.1 used to pick up the quarrel on petty issues
and therefore she was compelled to leave the house since 13/02/2018. The
applicant is residing with her parents.
4. The respondent resisted the application by filing say. It is his
contention that the applicant has left the matrimonial house at her own and
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started residing with her parents. No such incidents as alleged by the
applicant is happened. All the allegations levelled against the respondents are
false and imaginary and lastly prayed to reject the application.
5. Both the parties have filed their affidavits of assets and
liabilities. According to the applicant the respondent is earning Rs.30,000/
per months whereas he has specifically denied the same. Both the parties
failed to produce concret evidence on the point of his source of income. The
relations between parties are not at dispute. The respondent being husband is
liable to maintain his wife i.e applicant. It has not come on record that the
respondent has paid some amount to the applicant till date for her livelihood.
6. Quantum of maintenance need to be determined by considering the
status of the parties and their income, I am of the humble opinion that it
would be just and proper to grant interim maintenance of Rs.4,000 (Rs.Four
Thousand only) per month to aggrieved person. Respondent no.1 has not
paid any amount earlier therefore, such amounts needs to be granted from the
filing of the present application. In this view of the matter, I pass following
Order :
O R D E R
1. The application is partly allowed.
2. Respondent no.1 shall pay an amount of 4,000/ (Rupees Four
Thousand Only) per month to the aggrieved person as interim maintenance
from the date of filing of the present application till disposal of the main
petition.
3. Copy of this order be given to both the parties free of costs.
Sd/
Date : 07/01/2023 (Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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