Interim Order 8

Order Details: Order
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.285/DV/2018
Indu Dilip Chaudhary … Applicant
V/s
Dilip Gova Chaudhary & Ors., … Respondents
ORDER ON EXH.NO.22
(Passed on 18/04/2024)
The applicant in whose favour the interim maintenance
amount of Rs.20,000/ per month was granted on 15/05/2019 by this
Court, has moved the application under section 31 of the Protection of
Women from Domestic Violence Act on the ground that the respondent
did not pay the maintenance amount and thereby committed
economical abuses. According to her, she has been facing financial
hardships and therefore, the respondent is liable to be punished.
2. Per contra, the respondent denied the claim of the
applicant on the ground that the applicant was having affair with
another person and her family forced her to marry with him. It is the
stand of the respondent that the applicant did not perform her
matrimonial duties and he was deserted. According to the respondent,
he has been paying the school fees of his daughter regularly and he is
not capable to pay the lumpsum compensation amount as sought by the
applicant.
3. Having heard the learned advocates for both the sides, I
-- 1 of 2 --
2
perused the record.
4. At the outset, it is pertinent to note here that this Court
granted interim maintenance amount to the tune of Rs.20,000/ per
month to the applicant and Rs.5,000/ per month to her daughter. The
appeal filed by the respondent against this order was dismissed. Thus,
at this juncture it can be concluded that the order passed by this Court
regarding the interim maintenance is in force. The record shows that
the respondent has not paid any single pai towards the maintenance
amount.
5. Having gone through the record it appears that the
applicant has not initiated any recovery proceeding against the
respondent in respect of the due maintenance amount. Moreover, she
has not approached the concerned police station for lodging FIR against
the respondent for breach of any protection order. In such
circumstances, in my opinion, nonpayment of maintenance amount
does not come within the purview of Section 31 of the Protection of
Women from Domestic Violence Act. In other words, the powers under
Section 31 of the Protection of Women from Domestic Violence Act
can be invoked if there is breach of protection order. Hence, this
application is devoid of merit. Resultantly, I pass the following order:
ORDER
The application stands rejected.
Sd/
( Sujitkumar C. Tayde )
Metropolitan Magistrate,
Date : 18/04/2024 44 th Court, Andheri, Mumbai.
-- 2 of 2 --