Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: C.C. NO. 128/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
C.C. NO.128/DV/2018
Mrs.Rupali Prataprao Satpute ...Aggrieved person/Applicant
v/s.
Mr.Prataprao Gangaram Satpute ...Respondent
Order passed below interim application
1. Read the application. Perused say filed by respondents and Assets
and Liabilities Affidavit filed by applicant. Heard the Ld. Counsel appearing on
behalf of the applicant.
2. This is an application filed under the provisions of protection of
women from Domestic Violence Act 2005 for protection, injunction, monetary
relief and for compensation.
3. Case of the applicant is that Respondent is her husband. Their
marriage was solemnized on 28/06/1998. All the expenses of their marriage
were borne by her parents. They have spent nearabout 1,50,000/ on marriage
food, gift and other expenses. After marriage, she went to reside with the
respondent. Since the date of marriage, she was being subjected to cruelty.
Meanwhile, out of the said wedlock, two issues are born. Since, she was being
continuously illtreated at the hands of respondent. She left the matrimonial
house and started residing with the parents alongwith her two minor children.
The respondent is earning Rs.50,000/ per month. Despite of having sufficient
means he has not paid any amount neither to applicant nor their minor children
since the date of separation. Hence, the present application.
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4. Respondent, in response of service of notice appeared before the
Court and resisted the application by filing say at Exh.7. His contention is that
she was never subjected to cruelty by the respondent. All the allegations levelled
against the respondent are false and imaginary. While, her stay with the
respondent she was always reluctant to cohabit with respondent. The respondent
is earning 50,000/ per month and not able to pay the amount as claimed by the
applicant. He is ready to take back their minor children. The applicant has
deliberately taken out both the children only with an intention to extract money
from the respondent. Lastly, prayed to reject the application.
5. It is seen from the record that after filing reply the respondent and his
Counsel are continuously absent. Despite of several opportunities, respondent
remained absent. Hence, application is taken for order without assets and
liabilities affidavit of the respondent as well as his oral argument.
6. The contention of the applicant is that he is earning Rs.50,000/ per
month. On the contrary, case of the respondent is that his monthly income is of
Rs.15,000/ per month. Admittedly, no documentary evidence is filed on record
in respect of the actual income of the respondent. Be that as it may, the
respondent being husband of the applicant is liable to maintain her and their
minor children.
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.6,000/ (Rs.Six Thousand
only) per month to aggrieved person & their minor children collectively.
Respondent 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 :
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C.C. NO. 128/DV/2018
O R D E R
1. The application is partly allowed.
2. Respondent shall pay an amount of 6,000/ (Rupees Six Thousand
Only) per month to the aggrieved person & their minor children collectively 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 : 24/07/2023 (Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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C.C. NO. 128/DV/2018
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