Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C.C. NO. 330/DV/2018
IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
C.C. NO. 330/DV/2018
Mrs.Nazmeen W/o Amjad Ansari ... Applicant
V/s
Mr. Amjad Ansari & others ... Respondents
ORDER BELOW INTERIM MAINTENANCE APPLICATION EXH02
FILED BY APPLICANT ON 03112018
1. The applicant married with nonapplicant No.1 on
17.07.2016. From the marriage they have a female child, who is at
present 5 years old and school going. It is submitted by the applicant
that during her stay at her matrimonial place with nonapplicants, the
nonapplicant No.1 used to come home in drunken state and assault her
physically and abuse her verbally. Even whenever she reported the
conduct of nonapplicant No.1 to other nonapplicants, they also used to
take side of nonapplicant No.1 instead of applicant and they used to
ask her to bring money from her parents. Due to mental and physical
harassment, she reported the matter multiple times to police station.
Even the nonapplicant No.1 orally divorced her and expelled her from
home. She is now forced to live with her parents. The nonapplicant
No.1 is not providing a single pie towards maintenance to applicant as
well as to their only child. The nonapplicant No.1 is running a
garment business with his parents and earning handsome amount.
2. Per contra, reply was filed by respondents at Exh10,
thereby denying all the allegations and contended that the applicant is
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2 C.C. NO. 330/DV/2018
Fashion Designer and she used to work as a teacher at KTI Institute,
Dadar. The applicant has left the matrimonial house on her own accord
and took away all the belongings with her, as she has left the company
of nonapplicant No.1 without any reason. Therefore, she does not
deserve maintenance as claimed.
3. Heard. Perused record.
4. The adjudication of the matter being at interim stage is
thus without evidence. As per the ruling of the Hon'ble Supreme Court
it has been directed to the parties of D.V. proceedings to compulsorily
file Assets & Liabilities statement, in compliance to the direction of the
Hon'ble Supreme Court. The applicant has placed on record her Assets
& Liabilities, wherein she has stated that she has no source of income.
On the contrary, the nonapplicant remained absent at the stage of
argument as well as he failed to comply the direction of the Hon'ble
Supreme Court regarding filing of Assets & Liabilities. The non
compliance of direction of the Hon'ble Supreme Court itself is sufficient
to ignore his written submission placed on record. Moreover, it is
admitted fact that applicant is legally wedded wife and they had a child
out of wedlock. It is also an admitted fact that she is staying away
from nonapplicants. It is moral and legal duty of nonapplicant No.1 to
provide financial aid to his wife and child, but there is nothing on
record to show that during desertion, the nonapplicant No.1 provided
any sort of financial aid to applicant, much less their child. Though the
applicant has claimed that the nonapplicant No.1 runs garment
business, but there is nothing on record to show the source of income of
nonapplicant No.1. Even considering the fact of nonapplicant No.1,
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3 C.C. NO. 330/DV/2018
being able bodied man and even wage earner earns Rs.300/ to
Rs.500/ per day. Keeping this fact in account and the affidavit filed on
record in respect to Assets & Liabilities, the applicant deserves
maintenance as claimed. Hence, to meet the ends of justice, the
following order will suffice the purpose:
ORDER
1 The application is partly allowed.
2 The nonapplicant No. 1 is directed to pay Rs. 7,000/ p.m.
to the applicant as an interim maintenance from the date of institution
of this petition, till final disposal of the case.
Date : 18.10.2022
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai
csj
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