Order 1

Order Details: Order
Pdf Text: 1 C.C. No. 44/DV/2019
IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
C.C. NO. 44/DV/2019
Bahishtunnisha Firoz Ahmed Khan ...Aggrieved person.
v/s.
Firoz Ahmed Liyakat Ali Khan ...Respondent
Order passed below application (Exh.4) for Interim Maintenance U/s.
23 of Protection of women from Domestic Violence Act 2005.
1. Read the application. Perused say of respondents. Read the
affidavits of Assets and Liabilities filed on behalf of the both the parties. Heard
both parties at length.
2. The present application is filed by the aggrieved person for
granting interim reliefs viz. protection order, monitory relief, injunction order
and compensation for causing harassment.
3. Case of the aggrieved person is that respondent no.1 is her
husband and other respondents are inlaw's. Her marriage with respondent
no.1 was solemnized on 05/05/2004 at Mumbai as per Muslim Rights and
Customs. All the expenses of their marriage was borne by the parents of
applicant. After marriage she went to cohabit with respondent no.1 at her
matrimonial house. Out of the said wedlock two male and two female child
are born. First female child was born on 30/04/2005. Second female child is
born on 24/12/2006. Third and fourth male child born on 07/05/2008 and
05/09/2013 respectively. All are school going and taking their education.
Since the date of their marriage respondents never shown any love and
affection towards applicant.
4. Initially, all the respondents used to torture the applicant on the
count of babygirl. Their relations became strained. The matter was reported
to the police station where the settlement was occurred and again they were
leading happy life for some days.
5. Then all the respondents started illtreating the applicant/
aggrieved person therefore she is living with her parents alongwith their four
children. The respondent no.1 never spent money for the livelihood of the
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applicant as well as their children, despite of having sufficient means. He is
having business and earning 80,000/ per month and prayed to grant interim
maintenance of Rs.20,000/ to applicant and Rs.20,000/ for their children.
6. By way of filing reply at Exh.7 application is resisted. It is
contended that the applicant is taking disadvantage of the provisions of
Domestic Violence Act.2005. The respondents denied all the contention of
the applicant except his relations with applicant and their children.
7. Both the parties have filed thier assets and liabilities affidavits.
It could be seen from the affidavit of the applicant that she is housewife and
having no independent source of income. The affidavit of the respondent
no.1 shows that he is earing Rs.10,000/ per month from all the source of
income. However, he has not produced any extract of bank account
statement, in support of his contention.
8. Case is filed in the year 2019. No documentary evidence is filed
on record on behalf of respondent to show that he has paid some amount
either to applicant or their children, he being a husband of the applicant and
the father of the children, is bound to maintain them. Both the applicant and
respondents failed to produce documentary proof of actual earning of
respondent no.1. Therefore contention of the respondent no.1 that he is
earning only 10,000/ per month cannot be accepted.
9. The applicant is living with her parents and therefore I am of the
view that separate residence is not necessary at this stage.
10. The trial would take its considerable time. Record shows that
respondent no.1 never paid any amount to the applicant or his children.
Therefore, maintenance amount needs to be granted from the date of filing of
the application. Hence, for the reasons mentioned above, following order is
passed :
O R D E R
1. The application is partly allowed.
2. Respondent no.1 Firoz Ahmed Liyakat Ali Khan shall pay an amount of
Rs.2,000/ (Rupees Two Thousand Only) per month to the aggrieved person
and Rs.2,000/ each, per month to his four children as interim maintenance
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from the date of filing of present application till disposal of the main petition
including all expenses.
3. Copy of this order be given to both the parties free of costs.
Sd/
Date :13/07/2022 (Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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