Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C.C. NO. 154/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI MUMBAI
C.C. NO. 154/DV/2018
Nasreen Yasin Shaikh ...Applicant
v/s.
Yasin Mukim Shaikh and Ors. ...Respondents
ORDER BELOW EXH.4
(INTERIM APPLICATION)
Read the application, say of the respondent. Heard
Ld. Counsel for the applicant at length. Ld. Counsel for the
respondent is absent when called for argument.
2. It reveals that the applicant has made this
application for grant of maintenance and other reliefs.
3. The relation in between the applicant and
respondents are not in dispute. It is also not disputed fact that
previously the application of the same nature was allowed and
directing the respondent to pay Rs.5,000/-. It is also not
disputed fact that thereafter the compromise in between the
parties arise in Lokadalat and the matter was disposed off. It
is also not disputed fact that the applicant filed present
application under the Domestic Violence Act.
4. In short it is the case of the applicant that she was
subjected to domestic violence by the respondents on account
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2 C.C. NO. 154/DV/2018
of domestic issues as well as on account of misbheaviour. She
made effort to cohabit with the respondents but of no use.
5. The respondents has denied the fact of committing
domestic violence to the applicant and come with the case
that no domestic violence as alleged by the applicant occurred
as applicant not interested to cohabit with respondents so as
to harass them and grab the house, amount from them.
Further stated that it is applicant herself abused them and
made demand of luxurious life and items which is not possible
for the respondents. No offence as alleged by the applicant
occurred, therefore pray to reject the application.
6. If considered these facts and undisputed facts and
the fact of compromised earlier matter in between parties and
the fact that applicant residing separately alongwith her child
from the respondents. In these circumstances there exist
domestic violence at the hands of the respondents because
there was no reason to the applicant to reside separately or
desert to respondent alongwith child unless she subjected to
cruelty therefore residing separately from the respondent
no.1. Previously Rs. 5,000/- was granted. If considered these
facts and the year of passing of this order it was 2017,
Rs.10,000/- p.m. is sufficient towards maintenance of the
applicant, I am of view that the same is required to be
granted.
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3 C.C. NO. 154/DV/2018
7. Considering all these aspects, I am of view that
prima facie there exist domestic violence at the hands of the
respondent, therefore the protection order is required to be
passed and restraining respondents from committing domestic
violence in future.
8. So far as other reliefs are concerned the same be
decided after fullfledged hearing. Accordingly I proceed to
pass the following order:
O R D E R
1. The application is partly allowed.
2. Respondent no. 1 Yasin Mukim Shaikh do pay the
amount of Rs.10,000/- per month to the applicant
towards maintenance from the date of this application
till the disposal of main application.
3. Respondents are hereby restrained from committing
domestic violence against the applicant in future.
4. Copy of order be given to both the parties free of cost.
5. Copy of this order be sent to PI of concern police station
within whose jurisdiction the applicant resides.
sd/-
Date : 11/09/2019 (R.M. Nerlikar)
Metropolitan Magistrate
66th Court, Andheri, Mumbai
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