Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C.C. No. 27/DV/2019
IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
C.C. NO.27/DV/2019
Salma Firoz Khan Pathan ...Aggrieved person/Applicant
v/s.
Firoz Ashraf Khan Pathan & Ors. ...Respondent
Order passed below interim application (Exh.2).
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 Firoz is her
husband and others are inlaw's. Their marriage was solemnized on
06/12/2017. At the time of their marriage both were divorcée. Respondents
deliberately represented that the respondent no.1 is divorcée, despite of the
fact that their marriage was in existence. It was their second marriage. After
few days of marriage respondent no.1 left the house and started residing with
his first wife. Now, he has left his second wife and residing with one lady.
Respondent no.1 has not paid single pai to the applicant for her livelihood
and abandoned her without any reasonable cause. The respondent is earning
near about 17,000/ per month and Rs.30,000/ from Ola business. Despite of
having sufficient means,he is not ready to maintain the applicant. Hence, the
present application.
4. In response of service of notice respondent appeared before the
Court. Their written statement at Exh.8. and reply to interim application is at
Exh.10. It is their contention that the respondent no.1 is working as security
guard on the contract basis. He has to maintain his first wife and minor child
by paying 5,000/ per month as maintenance. No such incident happened as
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alleged by the applicant. The present petition is nothing but a counter blast
to Case bearing no.338/DV/2018 and prayed to reject the application.
5. Both have filed their assets and liabilities affidavit vide Exh.16
and 17 respectively. It could be seen from the affidavit of Exh17 that
respondent is working as a guard and earning Rs.10,000/ 12,000/ per
month. On the contrary, case of the applicant is that the respondent is
earning Rs.70,000/ per month and Rs.30,000/ from Ola business. In
support of her contention the applicant has filed Icard of the respondent
which clearly indicates that the respondent no.1 is Ola driver.
6. Now a days the applicant is residing with her parents. No such
incident of mis happening at the hands of respondent is referred. Hence, I am
of view that there is less possibility of happening of domestic violence
henceforth.
7. The respondents in order to avoid the applicant may dispose of
the house bearing room no.33, Adharsh society, Gaondevi Mandir, Sunder
Nagar, Tunga Village, Mumbai. Therefore, in my view restraining order is
necessary.
8. 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.5,000 (Rs.Five
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 5,000/ (Rupees Five
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.
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3. Respondents are hereby restrained temporarily from alienating room
no.33, Adharsh society, Gaondevi Mandir, Sunder Nagar, Tunga Village,
Mumbai till final decision of this case.
4. Copy of this order be given to both the parties free of costs.
Sd/
Date : 09/01/2023 (Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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