Order 1

Order Details: Order
Pdf Text: 1 C.C. No. 97/DV/2018
IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
C.C. NO. 97/DV/2018
Mrs. Anita Anilkumar Singh ... Applicant
V/s
Mr. Anilkumar Nagendraprasad Singh ... Respondent
ORDER BELOW INTERIM MAINTENANCE APPLICATION EXH2
FILED BY APPLICANT ON 31.03.2018
1. The applicant has moved an application seeking interim
relief of maintenance to her and her children. Her contention is that
she had married with nonapplicant on 22.06.2007. The marriage was
intercaste. The nonapplicant concealed the fact of his earlier marriage
and also concealed the fact of having son from earlier marriage. From
this marriage the applicant is having two daughters namely Gauri and
Girija aged 10 years and 6 years respectively. The applicant was
subjected to physical and mental harassment at the hands of
nonapplicant. He used to abuse her, thrash her and even she has
sustained fracture injury on her neck, due to assault by nonapplicant.
Being serving in police department, she avoided filing report against
nonapplicant. Even he forced to have unnatural sex with her.
Whenever she resisted, she was terribly beaten by nonapplicant. The
nonapplicant has illicit relations with women. Due to physical and
mental harassment, she has to leave the place on 24.06.2017. Since
then, she is living separately bearing all expenses of her children. The
nonapplicant is running the security business and earning
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2 C.C. No. 97/DV/2018
Rs. 10,00,000/ yearly. The nonapplicant though served with notice,
failed to file reply to the interim application, nor he resisted the prayer
of interim application, at any point of time when the matter was called
for hearing. The nonapplicant even failed to file details of assets &
liabilities, as mandated in law.
2. Gone through the submission of applicant, the averments in
the plaint are on affidavit and there is no reason to disbelieve it. No
woman would leave her matrimonial house, unless there is compelling
circumstances. The fact of marriage and children born from the wed
lock, is not disputed. Even he had a son from previous marriage, is also
not denied. From the contention raised it is clear that there is marital
discord between the applicant and the nonapplicant. However, the
applicant is having her own source of income, as she admittedly is
serving in police department. It is also a fact that both the school going
children are staying with her and she is bearing all the expenses. There
is nothing on record to show that nonapplicant ever had provided any
monetary help to the applicant or his daughters. The nonapplicant is
morally and legally bound to provide all sorts of financial assistance in
their upbringing. Taking into account all these facts, following order is
passed:
ORDER
1 The interim application is partly allowed, subject to final
disposal of the case.
2 The nonapplicant shall pay monthly Rs.5,000/ each to
his two daughters towards their maintenance. Being the applicant in
service and had her own source of income, interim maintenance at this
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stage is denied to her.
3 The interim maintenance shall be paid from the date of the
petition.
Sd/
Date : 30.07.2022
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai
csj
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