Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: C.C. NO. 66/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
C.C. NO.66/DV/2018
Shama Imtiyaz Sayyad ...Aggrieved person/Applicant
v/s.
Imtiyaz Hasan Sayyad & Others ...Respondent
Order passed below interim application
1. Read the application. Perused record. Heard Ld.Counsel appearing
on behalf of applicant.
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 is her husband and
others are inlaw's. Their marriage was solemnized on 31/05/2014. After
marriage she went to her matrimonial house where her husband respondent no.1
was residing with the other respondents. All the respondents used to harass her
on the count of petty issues. On several occasions she was beaten by the
respondents. Complaints were lodged to the police station. She was being
continuously harass at the hands of respondents hence, she started residing
separately alongwith her parents. The respondent no.1 is B.E Graduate. He is
serving with the company and thereby earning Rs.70,000/ per month. Despite of
having sufficient means, he refused to maintain the applicant. Hence, the present
application.
4. In response of service of notice respondents appeared before the
Court. They failed to file Written statement within time. Hence, the application
was ordered to be proceeded without their written statement. On 07/02/2021,
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respondents applied for setting aside no W.S order, vide order dated 01/02/2021
my Ld. Predecessor has rejected the application. Since then, the respondents are
continuously absent. Hence, the interim application is taken up without assets and
liabilities affidavit and oral argument of the respondents.
5. Relation between parties is not at dispute. It is an admitted fact that
the applicant is residing with her parents.
6. It is contented that the applicant is housewife. Whereas, respondent
is B.E Graduate and serving in the company as Chemical Engineer and thereby
earning Rs.70,000/ per month. Despite of having sufficient means he is not
ready to maintain the applicant.
7. 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.8,000/ (Rs.Eight Thousand
only) per month to the aggrieved person. 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.
2. Respondent no.1 shall pay an amount of 8,000/ (Rupees Eight
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.
3. Copy of this order be given to both the parties free of costs.
Sd/
Date : 03/05/2023 (Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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