Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C. C. No. 87/DV/2021
IN THE COURT OF METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
C. C. No. 87/DV/2021
Pratima Vinay Tiwari + 1 ... Applicants
V/s.
Vinay Vindhyawasni Tiwari + 4 ...
Respondents
ORDER BELOW EXH.2
1. The applicants have filed application for interim reliefs
under the provision of Section 23 of the Protection of Women From
Domestic Violence Act, 2005 (for short 'the Act').
2. In brief, it is the case of the applicants that applicant
no.1 (hereinafter referred as 'the applicant') got married with
respondent no.1 on 23/05/2006 at their native place in the State of
Uttar Pradesh as per Hindu vedic rights and custom. From the said
wedlock there are blessed with one daughter Kanishka (applicant
no.2), whose age is now 6 years. Respondent nos. 2 to 5 are inlaws
of the applicant. After marriage the applicant came to Mumbai with
respondent no.1. After the birth of applicant no.2, respondent no.1
started to illtreat the applicant. Other respondents used to instigate
respondent no.1. Respondent no.1 also performed second marriage
with one lady during the existence of his marriage with the applicant.
After some period respondent no.1 stop coming to the house. When
the applicant inquired with respondent no.1 on phone call about his
whereabouts, he told the applicant that he has no interest in the
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applicant. Thereafter the applicant lodged report against the
respondents in police station. The applicant is residing in her
matrimonial house with her minor daughter. The applicant is
without any money. Hence, this application.
3. Respondent no.1 appears before the court, but he failed
to file his reply. Respondent nos. 2 to 5 failed to appear despite
service of notice. Hence, the application proceeded without reply of
respondent no.1 and exparty against other respondents.
4. I have gone through the record. The allegations made
by the applicant against the respondents remain unchallenged on
record. At this stage I do not find any reason to disbelieve the case of
the applicant. The record establishes that the applicant is victim of
domestic violence. Therefore, the applicant is certainly entitled for
appropriate and necessary interim reliefs under the provisions the
Act.
5. The applicant has prayed that respondent no. 1 be
directed to pay Rs.20,000/ per month to the applicant for the
interim maintenance of the applicant and her daughter. The
applicant submitted that she is doing temporary job. She is unable to
maintain herself and her daughter. Respondent no.1 is Marketing
Dealer and he is earning Rs.40,000/ per month. Respondent no.1
has neglected the applicant and her daughter. I have considered the
submissions of learned advocate of the applicant. The record shows
that the applicant is a victim of domestic violence. The applicant is
residing alone with her minor daughter. As per the affidavit of assets
and liabilities (Exh.5) filed by the applicant, she has no monthly
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income. All the allegations made by the applicant remain
unchallenged on record at this stage. In the circumstances, it is the
legal and moral duty of respondent no. 1 to provide reasonable
amount to the applicant for the interim maintenance of the applicant
and her daughter during pendency of the proceeding. At this stage
there is no material on record regarding the actual income of
respondent no.1. The amount claimed by the applicant seems to be
excessive. In the circumstances, considering the status of the parties
which appears from the record, it would be proper to grant interim
maintenance of Rs.10,000/per month for the interim maintenance of
the applicant and her daughter from the date of the application till
disposal of the case.
6. In her application the applicant has stated that she is
residing with her daughter in her matrimonial house. The applicant
has prayed that the respondents be restrained from alienating or
transferring the shared household. However, in her affidavit of assets
and liabilities (Exh.5), the applicant has stated that now she is
residing at Nalasopara (East) in rented premises. In the
circumstances, second prayer of the applicant of interim reliefs
application does survive. In the result, the application is liable to be
partly allowed. Hence, I pass the following order.
ORDER
1. The application is partly allowed.
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2. Respondent no. 1 shall pay Rs.10,000/ per month to the
applicant for interim maintenance of the applicant and
her daughter from the date of the application
(i.e. 02/03/2021) till disposal of the case.
3. Costs in the cause.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 15/01/2022 Andheri, Mumbai.
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