Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: C.C. NO. 08/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
C.C. NO.08/DV/2018
Mrs.Divya Nishant Dubey ...Aggrieved person/Applicant
v/s.
Nishant Kamlakar Dubey & Others ...Respondent
Order passed below interim application.
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 protection of
women from Domestic Violence Act 2005 for protection, residence order
monetary relief and for compensation.
3. Case of the applicant is that Respondent no.1 is her husband and
others are inlaw's. Their marriage was solemnized on 30/11/2013. After
marriage she went to reside with her husband in joint family. Since, the date of
marriage all the respondents started illtreating the applicant on the count of
jewellary and gifts. They used to harass her every now and then on petty issues.
Meanwhile, they are blessed with one female child on 20/05/2015. She was
being continuously harassed by the respondents. She was forced to leave the
matrimonial house in the month of January 2016.
4. The respondent no.1 is B.H.M.S Doctor and thereby earning
Rs.1,50,000/ approximately per month. Despite of having sufficient means, he is
not paying any maintenance either to the applicant or their minor daughter.
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Hence, the present application.
5. In response of service of notice, respondent appeared before the
Court. They have resisted the application by filing say. Their contentions is that
all the allegations levelled against them are baseless. She was never illtreated by
the respondents. She has left the matrimonial house at her own and only with an
intention to extract money. She is welleducated and earning lady. Further, in
view of order passed by Hon'ble Family Court, he is paying regularly Rs.8,000/
per month and prayed to reject the application.
6. In reply, it is submitted on behalf of applicant that the applicant has
withdrawn the petition filed before Hon'ble Family Court and therefore interim
order passed in that proceeding came to be vacated automatically. Since, there is
no order in existence, question of regular payment doesn't arise.
7. It is seen that the applicant is educated upto M.B.A (Marketing)
whereas the respondent B.H.M.S Doctor. The relations between parties are not at
dispute. It is also an admitted fact that the minor daughter is residing with the
applicant. Both the parties to the proceeding, being parents are responsible to
upbringing their minor daughter.
8. Quantum of maintenance need to be determined by considering the
status of the parties and their income, hence, I am of the humble opinion that it
would be just and proper to grant interim maintenance of Rs.15,000/ (Rs.
Fifteen Thousand only) per month to aggrieved person & their minor daughter.
Respondent no.1 has not paid any amount earlier therefore, such amount 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.
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2. Respondent no.1 shall pay an amount of 15,000/ (Rupees Fifteen
Thousand Only) per month to the aggrieved person and their minor daughter 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 : 05/08/2023 (Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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