Order 1

Order Details: Order
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
10TH COURT, ANDHERI, MUMBAI
C.C.No. 79/DV/2018
ORDER BELOW EXH.32
The applicant is seeking interim monitory reliefs u/Sec. 20 r/w
Section 23 of the Protection of Woman From Domestic Violence Act, 2005
(
hereinafter referred as PWDV Act) for short.
2. The respondent has not filed reply. Her Advocate is absent. She
has submitted that she is in medical emergency. She states that her earlier
surgery has not been successful. She is suffering heavy bleeding and
therefore, she is suggested surgery. She went to Govindnagar Government
Hospital. She states that the doctors said that injection and medicine as well
as blood test are the expenses which she herself has to bear and it may cost
Rs. 25,000/-. On inquiry about the card from Govindnagar Government
Hospital about her visit, she states that she has not brought it today with her.
3. Following points arose for my consideration to which I record my
findings for supporting reasons mentioned there under :
Points for the Determination Findings
1 Whether the applicant has made out prima
facie case for interim monitory reliefs ?
..In the Negative
2 What order ? ..As per final order
REASONS
AS TO POINT NOs. 1 AND 2
4. I have perused the record. The applicant has filed her affidavit of
Assets and Liabilities. In her affidavit of Assets and Liabilities she has
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..2..
mentioned her general monthly expenses to the tune of Rs.50,000/-. Again
her expenditure towards food, clothing and medical is disclosed in item No.
‘E’ as Rs.50,000/-.
5. Record shows that she has filed an interim application for
monitory reliefs at Exh.13 which came to be rejected on merits on
16/05/2025. The reason for rejection of her prayer was that she was divorced
from her husband on 26/10/2003 as the talaknama copy filed by her on
record. Her husband died on 06/12/2016. She filed the petition after lapse of
two years. Record do not show that any appeal has been preferred by her
against the order dated 16/05/2025 passed below Exh.3. Thus, the finding of
this Court as regards has entitlement of interim monitory relief has not been
challenged by her. The application nowhere, disclosed any change of
circumstances which entitled her to file subsequent application for interim
monitory reliefs.
6. Her application disclosed that she has undergone medical
expenses of Rs.25,000/- at Pragati Hospital Jogeshwari (W) and Rs.75,000/-
towards post medical care. She filed discharged card copy at Annexure-A with
this application. The discharged card shows that her date of admission was
02/11/2025 and she was discharged on same day. However, she has not filed
on record complete discharge summary with the hospital bills and other
invoices to support the quantum of expenditure done by her towards surgery
as well as post surgery care. In absence of any evidence of expenditure done
by her for the surgery, she is not entitled for any relief from the respondents.
7. Further, it is alleged by her that her husband’s property is enjoyed
by respondents. She has however, in item No. ‘J’ in her affidavit of Assets and
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Liabilities did not mention any property of her spouse which is yielding by the
respondents. Therefore, in absence of any material with regard to the
property of her deceased husband yielding income to the respondents, no
direction can be passed against the respondents to pay any interim
maintenance to the applicant.
8. It is the matter of record that applicant today has filed another
application Exh.36 seeking interim monitory reliefs to the tune of Rs.20 lacs
per month on account of her share in cable business and Rs.1,50,000/- per
month as enhanced interim maintenance. However, in support this
application she has not filed any documents. There is no material on record to
show existence of firm by name ‘Private Channel IX, Cable Network and
Internet services’ and that her husband was part of said firm as owner thereof.
Existence of such firm as well as its income has not shown by her in her
affidavit of Assets and Liabilities dated 16/10/2023. Even no new affidavit of
Assets and Liabilities has been filed. Thus, for these reasons, I am not inclined
to grant her any monitory relief towards medical expenses as claimed by her.
Therefore, I record my finding to point No.1 in the Negative and in answer to
point No.2, I pass following order :
ORDER
i The application is rejected.
iii. Copy of this order be given to both parties free of cost.
( S.G.Agrawal)
Judicial Magistrate (First Class)
Dt : 18/04/2026 10th Court, Andheri, Mumbai
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