Order 1

Pdf Text: 1 C. C. NO.275/DV/2018
Noorjahan Mohammed Hussain Shaikh .... The applicant
Vs
Mohammed Hussein Ahmed Hussein Shaikh .... The respondent
ORDER BELOW INTERIM APPLICATION U/SEC 23 OF THE PROTECTION
OF WOMEN FROM DOMESTIC VIOLANCE ACT, 2005
1. By way of present application, the applicant claimed interim
relief/s.
2. Respondents are absent despite service, therefore, this application
is being decided Exparty/without reply.
3. Heard Ld counsel appearing on behalf of the applicant lady.
Perused record. It appears that the applicant is the wife of respondent
No.1 as their marriage is solemnized on 29.04.2012. According to
applicant, respondents are causing domestic violence. She has also
submitted such affidavit therefore, at this primary stage, I have no any
option than to accept her case.
4. Perusal of record, it shows that respondent husband is doing
some job in Saudi Arabia. It means he is having sufficient means. It is
true that petitioner lady has not produced any documentary evidence
regarding his income. However, considering totality of facts and
circumstances, it can be inferred that he is having just and proper
income.
5. Perusal of record, it further shows that due to domestic violence
etc, petitioner lady is presently staying at her parents home. In short,
she is entitled to interim maintenance as well as alternative
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2 C. C. NO.275/DV/2018
accommodation charges.
6 Nothing has come on the record for showing that petitioner lady
is having any monthly income or having any properties on her name.
7. So considering peculiar facts, circumstances, alongwith
liabilities/responsibilities of parties, I proceed to pass following order in
the interest of justice :
O R D E R
1. The application is partly allowed.
2. The respondent husband shall pay total of Rs.7,500/p.m
interim maintenance (including rental charges) to the Applicant, from
the date of the application.
3. Copy of this order be given to the parties free of cost as per
rules.
4. Parties to sign necessary form for sending matter to
mediation.
5. The above observations are preliminary in nature, the same
may change during the final judgment.
6. Respondent husband shall clear said arrears as early as
possible.
7. Respondents are here by restrained from causing any sort
of domestic violence to the petitioner lady.
8. Respondents shall not visit the place where presently
petitioner lady is staying.
9. Petitioner lady is at liberty to show copy of this order to the
concern PSO/Protection Officer as and when required.
Sd/
Dt : 25.03.2019 ( S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
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