Order 1

Order Details: Interim Maintenance Order
Pdf Text: C.C. NO.326 /DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
C.C. NO.326/DV/2018
Muskan Moin Qureshi . ..Aggrieved person/Applicant
v/s.
Moin Aslam Qureshi ...Respondent
Order passed below interim application (Exh.2).
1. Read the application. Perused say filed by respondent and Assets and
Liabilities Affidavit filed by both the parties. Heard Both the Counsel at length.
2. This is an application filed under the provisions of the Prevention of
women from Domestic Violence Act 2005 for protection, monetary relief and for
compensation.
3. Case of the applicant is that Respondent is her husband. Their
marriage was solemnized on 20/04/2016. All the expenses of their marriage was
borne by the parents of the applicant. They have spent more than 15,00,000/
(Rs. Fifteen Lakhs only) on gift, household utensils, ornaments and other
miscellaneous expenses. It was informed by the respondent that he is bachelor at
the time of marriage. After marriage, she went to her matrimonial house. Since
beginning she was subjected to cruelty at the hands of respondent on petty issues.
Meanwhile, it was learnt that respondent is having illicit relations with several
ladies and therefore he used to harass the applicant. She was not allow to have
proper food and medication. On 14/02/2017, they are blessed with female child.
Respondent was not happy with the same because he was insisting for male child.
Since then, the applicant is residing with her parents. Now, he got married with
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one minor girl and paid Rs.2,00,000/ to her parents. Despite of having sufficient
means, respondent has not paid any amount to the applicant and her minor
daughter for their livelihood. Hence, the present application.
4. In response of service of summon respondent appeared before the
Court. His reply is at Exh.5 & 6. Relation with applicant and her daughter is not
disputed by the respondent. It has specifically denied the allegations levelled
against him. It is his contention that no such incident happened as alleged by the
applicant. On the contrary, she has left her matrimonial house without sufficient
cause. The application under consideration is filed to harass the respondent and
prayed to reject the same.
5. Assets and liabilities affidavit filed by both the parties are at Exh.13,
14 respectively. According to respondent, he is serving in chicken shop and
thereby earning Rs.10,000/ per month. On the contrary, the contention of the
applicant that he is businessman and was earning Rs.1,00,000/ at the marriage.
1,25,000/ at the time of separation and now a days. Despite of having sufficient
means, he has not paid single pai to applicant and her daughter.
6. Quantum of maintenance need to be determined by considering the
status of the parties and their income, I am of the humble opinion that it would be
just and proper to grant interim maintenance of Rs.7,000/ (Rs.Seven Thousand
only) per month to aggrieved person and her minor daughter. Respondent has
not paid any amount earlier therefore, such amounts needs to be granted from the
date of filing of the present application. In this view of the matter, I pass
following Order :
O R D E R
1. The application is partly allowed.
2. Respondent shall pay an amount of Rs.7,000/ (Rs.Seven Thousand
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only) per month to the aggrieved person and her minor daughter as interim
maintenance from the date of filing of the present application till disposal of the
main petition.
3. Copy of this order be given to both the parties free of costs.
Sd/
Date : 07/02/2023 (Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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