Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C. C. No. 311/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
C. C. No. 311/DV/2018
Aliya Mehmood Shaikh ... Applicant
V/s.
Mehmood Ali Usman Ali ... Respondents
ORDER BELOW EXH.5
1. The applicant has filed application for interim reliefs
under the provisions of the Protection of Women From Domestic
Violence Act, 2005 (for short 'the Act').
2. In brief, it is the case of the applicant that she got married
with respondent 16/05/2008 as per Islamic rites. From the said
wedlock they are blessed with one son Master Momin Ali, who was
born in the year 2012. After marriage the respondent did not took the
applicant to his house and he kept her at the house of her parents. The
respondent used to visit the parental house of the applicant and he used
to spend time with her. The respondent committed various acts of
domestic violence against the applicant. When in the year 2016 the
applicant came to know that the respondent has solemnized third
marriage, he stopping paying any money to the applicant. The
applicant is victim of domestic violence. Hence, this application.
3. Despite service of notice by RPAD through Protection
Officer and despite sending notice by the applicant on whatsapp
number of the respondent, he failed to appear before the court. Hence,
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2 C. C. No. 311/DV/2018
the application proceeded Exparte against the respondent.
4. I have gone through the record. The allegations made by
the applicant against the respondent remained unchallenged on record.
At this stage I do not find any reason to disbelieve the case of the
applicant. The record establishes that the applicant is victim of
domestic violence. Therefore, the applicant is certainly entitled for
appropriate and necessary interim reliefs under the provisions the Act.
5. The applicant has prayed that the respondent be directed
to pay Rs.60,000/ per month for the interim maintenance of the
applicant. The applicant submitted that she is living at the expense of
her retired father and brother. The respondent is enjoying his lavish
life. The respondent has avoided his responsibility of being husband
and father. I have considered the submissions of learned advocate of
the applicant. The record shows that the applicant is victim of domestic
violence. All the allegations made by the applicant remained
unchallenged on record at this stage. It is the legal and moral duty of
the respondent to provide reasonable amount to the applicant for the
interim maintenance of the applicant and her son during pendency of
the proceeding. At this stage there is no material on record regarding
the income of the respondent. The amount claimed by the applicant
seems to be excessive. In the circumstances considering the status of
the parties which appears from the record, it would be proper to grant
interim maintenance of Rs.20,000/ per month for the maintenance of
the applicant and her son from the date of main application dated
19/10/2018 till disposal of the case.
6. The applicant has also prayed for compensation and
residence order. As the parties are residing separately since long, I do
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not find said prayers as considerable at this stage. In the result, I pass
the following order.
ORDER
1. The application is partly allowed.
2. The respondent shall pay Rs.20,000/ per month to the
applicant for the interim maintenance of the applicant and
her son from the date of main application dated
19/10/2018 till disposal of the case.
3. Costs in the cause.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 02/03/2021 Andheri, Mumbai.
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