Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: C.C. NO.39 /DV/2018
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)
66th COURT, ANDHERI, MUMBAI
C.C. NO.39/DV/2018
Ichha Deepak Mishra & Other ...Aggrieved person/Applicant
v/s.
Deepak Rajnikant Mishra & Others ...Respondents
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, injunction, monetary
relief and for compensation.
3. Case of the applicant is that Respondent no.1 is her husband and
others are in-law's. Their marriage was solemnized on 22/11/2008 at
Gangapur, Varanasi, Uttar Pradesh. The expenses of marriage were borne by
parents of the applicant. They have paid Rs.2,00,000/- in cash and spent huge
amount on gold & silver ornaments as well as household articles. After
marriage, she started residing with the respondents. Out of the said wedlock
one male & female child born. Initially, they lived happily for some time.
Then, the applicant realized that the conduct of respondent no.2 towards her
was inappropriate. Therefore, she had informed the same to respondent no.1
& 3. But they were not ready to listen the applicant. While her stay with
respondents, she was forced to do all the household work. The respondents
started demanding dowry. She was being ill-treated mentally, physically at
the hands of respondents. Hence, she left the matrimonial house and started
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residing with her parents along-with her minor daughter. Since the date of
separation he has not paid a single rupee to the applicant, despite of having
sufficient means. Hence, the present application.
4. Respondents appeared before the Court and resisted the
application by filing reply. His contention is that no such incident happened as
alleged by the applicant. The application is filed on false and concocted
grounds. As she was residing in Mumbai prior to her marriage, she never like
to reside with respondents at the matrimonial place. She used to asked the
respondent no.1 to shift Mumbai permanently. When the respondent no.1
declined, she used to pick up the quarrel on that count. She left the
matrimonial house at her own and therefore not entitled to claim any
maintenance and prayed to reject the application.
5. It is seen from the the pleadings of the parties that their relation is
not at dispute. It is also an admitted fact that out of two children male child is
with respondent no.1 whereas female child is with the applicant. The
applicant has prima-facie established the domestic violence at the hands of
respondents. Hence, in my view she is entitled for interim maintenance.
However, no documentary evidence is filed on record to show the actual
income of the respondent no.1. Hence, it became difficult to rely on the oral
contention of both the parties on the count of his income source.
6. Quantum of maintenance needs 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.25,000/-
(Rs.Twenty-five Thousand only) per month to aggrieved person & their minor
daughter collectively. 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 :-
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C.C. NO.39 /DV/2018
O R D E R
1. The application is partly allowed.
2. Respondent no.1 do pay an amount of Rs.25,000/- (Rs.Twenty-
five Thousand only) per month to the aggrieved person and their minor
daughter collectively 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 : 31 /08/2024 (Vijay C. Gawai)
Judicial Magistrate (First Class),
66th Court, Andheri, Mumbai.
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