Interim Order 1

Order Details: Interim Maintenance Order
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IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI MUMBAI
C.C. NO. 289/DV/2018
Mrs. Priyanka Jyotirling Savalkar ...Applicant
v/s.
Mr. Jyotirling Subhash Savalkar & Ors. ...Respondent
ORDER BELOW APPLICATION FOR INTERIM RELIEF
Read the application, say of other side. Heard Ld.
Counsel for both the parties.
2. The applicant has made this application for grant of
interim relief.
3. The relations between applicant and respondent
are not in dispute. It is not disputed fact that they both resides
separetely from each other. It is not disputed fact their
children are residing with the applicant. It is not disputed fact
that there exist a dispute in between the applicant and
respondent. It is not disputed fact whether said dispute is
matrimonial or comes within the purview of domestic
violence.
4. In short it is the case of the applicant that after
marriage she started cohabiting with the respondent where
she was subjected to domestic violence on account of demand
of money. She was tortured physically, mentally and sexually.
She made her best effort to cohabit with the respondents but
of no use. By virtue of it difficult her to survive and therefore
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prayed for interim relief of providing maintenance to the
applicant as well as prohibitory order restraining the
respondent from committing any domestic violence against
her.
5. The respondent has denied the fact of domestic
violence come with the case that the allegations made in
application. He further stated that no cause of action arose to
file the present application, therefore prayed for reject the
application.
6. The Ld. Counsel for the applicant argued that the
respondent is having only Rs.12,000/- per month, hence
prayed to reject the application.
7. If considered the submission made by both the
parties and the fact of domestic violence as alleged, prima
facie it appears that there exist domestic violence at the hands
of the respondents otherwise there was no reason for the
applicant to reside at her parents house. The relations
between the applicant and respondents are not cordial and
that is the reason to compel the applicant to resides at her
parents house and to file the present application.
8. So far as relief of maintence is concerned, the
applicant prayed near about Rs. 15,000/- to maintain herself.
If considered these facts and circumstances, I am of view that
the applicant is in need of maintenance, Rs. 7,000/- per
month is sufficient to maintain herself.
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9. Furthermore the relief of prohibitory order is
required to be passed against the respondent restraining the
respondent from committing domestic violence in future.
Hence, I proceed to pass the following order:
O R D E R
1. The application is partly allowed.
2. The respondent No.1 do pay Rs.7,000/- per month to the
applicant towards maintenance for applicant from the
date of filing of this application till disposal of the main
application.
3. The respondent is 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 : 16/10/2019 (R.M. Nerlikar)
Metropolitan Magistrate
66th Court, Andheri, Mumbai
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