Order 2

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.NO.315/DV/2018
Mrs. Padmavati Venugopal Balla … Applicant
V/s
Mr. Venugopal Balla & Ors., … Respondents
ORDER BELOW APPLICATION FOR MODIFICATION OF INTERIM
ORDER UNDER SECTION 25(2) OF THE PROTECTION OF WOMEN
FROM DOMESTIC VIOLENCE ACT
(Passed on 01/08/2024)
The respondent No.1 filed this application for modification
of the order under section 25(2) of the Protection of Women from
Domestic Violence Act on the ground that this Court did not consider
the facts and evidence regarding the income source of the applicant.
The another ground raised for modification of the order is that his
daughters have attained majority but they have been granted the
maintenance. According to the respondent, the applicant possessed the
golden ornaments and she has sufficient source of income. Hence, this
application came to be moved.
2. Per contra, the applicant opposed the application interalia
alleging that there is no change of circumstances after passing the
interim maintenance order dated 27/09/2023 and the respondent no.1
has sufficient source of income to provide the maintenance.
3. Having heard the learned advocates for both the sides, I
perused the record.
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4. It is pertinent to note here that the interim maintenance
was granted on 27/09/2023 and the present application came to be
filed within two months from the date of passing the order. In fact,
while passing the said order, this Court has already considered the
assets and liabilities filed on record by both the parties to this case.
Moreover, after having taken into consideration the basic needs and life
style of both the applicant and respondent No.1, the said interim order
came to be passed.
5. Apart from this, the respondent no.1 has not filed any
material document on record to show that his income has been reduced
after passing the order dated 27/09/2023. Moreover, the respondent
no.1 has not filed any relevant document to show that his daughters
attained majority and they have source of income. In such
circumstances, in my opinion, unless and until their daughters are
married, the respondent no.1 is under obligation to provide them the
separate maintenance. In short, I do not find any change in
circumstances after passing the said interim maintenance order and
therefore, it can be held that this application is devoid of merits.
Resultantly, I pass the following order:
ORDER
The application stands rejected.
Sd/
( Sujitkumar C. Tayde )
Date: 01/08/2024 Judicial Magistrate First Class,
44th Court, Andheri, Mumbai.
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