Interim Order 1

Order Details: Order
Pdf Text: 1 C.C. No. 121/DV/2018
IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
ORDER BELOW EXH07 IN C.C. NO.121/DV/2018
Mrs. Reena Ravindra Kamble ... Applicant
V/s
Mr. Ravindra Yuvraj Kamble ... Respondent
…........
1. Applicant has moved an application for adinterim
maintenance contending that she married to nonapplicant No.1 on
14.10.2002. She had two daughters from him and in the year 2017 the
nonapplicant No.1 deserted her. She has no means to maintain herself
and her daughters. The nonapplicant is not providing any financial
aid. She further submitted that she is working as a maid and living in
the flat owned by nonapplicant No.1. The nonapplicant No.1 is trying
to evict her from flat. The nonapplicant runs a school and also deals
in sale and purchase of property. She wants protection from non
applicant as well as maintenance.
2. Per contra, the nonapplicant submitted that he is already
married and he had three children from first wife. Despite knowing this
fact she got into relation, with him. She is not entitled to maintenance
as being second wife. Hindu Law does not recognize any such marriage.
However, he further submitted that he is ready to maintain the two
daughters borne from her. He further stated that the applicant has filed
a petition in the Family Court, however it got dismissed in default and
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2 C.C. No. 121/DV/2018
she suppressed this fact from the Court. She is working as a maid and
earns Rs.8,000/ per month. She is of loose character and she is not
entitled to maintenance being a second wife. He relied upon the case
2014(1) Supreme Court Cases 188, Badshah Vs. Urmila Badshah
Godse.
3. Heard. Perused record. The fact that he had two
daughters from applicant, is not denied. Further, he put the defence
that despite his first marriage, knowingly applicant indulged into
relationship with him, it debars her from getting maintenance. Further,
at present we are deciding interim application and this fact can be
adjudged on trial of the case and she cannot be denied maintenance at
this stage relying on the bald statement of nonapplicant. It is an
admitted fact that the nonapplicant runs a school. It is also an
admitted fact that applicant is residing in flat provided by non
applicant. They were in relationship since 2002 to 2017 and got
separated thereafter. There is nothing on record to show since their
separation the nonapplicant No.1 provided any monetary help to the
applicant. The applicant is bearing the expenses of two daughters as
well as of her own. The nonapplicant is morally and legally bound to
provide maintenance to the applicant. Hence, looking to the status and
living standard of the parties following order is passed, to meet the ends
of justice:
ORDER
1. The application is partly allowed.
2. The nonapplicant is restrained from committing any sort of
violence upon applicant.
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3 C.C. No. 121/DV/2018
3. The nonapplicant is prevented from disturbing the
possession of applicant over the flat, where she is staying at present.
4. The nonapplicant is directed to pay maintenance of
Rs.5,000/ to the applicant as well as to the daughters, each from the
date of filing of the application, till the disposal of main petition.
Sd/
Date : 07.09.2022
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai
csj
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