Order 2

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.36
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. I have perused the record. The applicant has filed her affidavit of
Assets and Liabilities. In her affidavit of Assets and Liabilities she has
mentioned her general monthly expenses to the tune of Rs.50,000/-.
3. She is 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.
4. 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
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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.
5. 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
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.
6. It is the matter of record that applicant has not filed her evidence
affidavit since past more than 6-7 months. Directions were issued to her to
file her evidence affidavit. However, she has not filed her evidence affidavit
till today. As already her prior application was rejected by the Court, in
absence of change of circumstances, prayer cannot be granted. For these
reasons, 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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