Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: C. C. No. 337 / DV / 2018.
ORDER BELOW EXH. 4
(Passed on 18.12.2019)
Through this application, the applicant Mrs. Shamim Gaus
Khan has approached this Court seeking interim relief in the form
of Rs.25,000/- per month as interim maintenance for herself and
for her minor son. The applicant has quoted various instances of
domestic violation against respondents. She has annexed copy of
marriage invitation card, copy of list of jewelry and other articles,
copy of birth certificate of her son, copy of statement before Police,
copy of letter and reply and her affidavit. She has requested for
grant of her application.
2 The respondents appeared and contested the claim of
applicant by filing reply at Exh.11. The respondents have denied
each and every allegations of applicant classifying it to be false and
imaginary. Conversely, it is contended by respondents that
applicant has voluntarily left her matrimonial home with all her
belongings. It is contended that respondent no.1 attended various
times to join the matrimonial life with applicant, but, she refused
it. Additionally, it is contention of respondent that after birth of son
the applicant never allowed respondents to see the child. The
respondents have requested for rejection of this application.
3 I have heard Ld. Advocates for both sides at length. I have
perused the pleadings of both parties very minutely and carefully. I
have gone through the documents relied upon by both parties. I
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have also perused the domestic incident report filed by Protection
Officer.
4 From the combined perusal of application, reply and
documents annexed on record, it is evident that applicant is wife of
respondent no.1 having one minor son. Noticeably, both parties
have made rival claims against each other in respect of errors in
leading matrimonial life. Comparing the claims of both parties, the
case of applicant appears to be at higher pedestal. Furthermore,
the claim of applicant about domestic violence is supported and
corroborated by Protection Officer through his domestic incident
report. As such the material adduced by applicant and supported
by Protection Officer is sufficient to consider applicant as aggrieved
person in purview of object of PWDV Act. Thus, on the basis of
material placed on record, domestic incident report and other
documents, I am satisfied to held that applicant has been subjected
to domestic violence by respondents. Accordingly, respondents are
directed not to commit similar kind of domestic violence with
applicant in future.
5 Coming to the relief claimed by applicant, it is pertinent to
mention here that the applicant has demanded Rs.25,000/- per
month for herself and her minor son. In respect of income of
respondent no.1, the applicant has quoted by respondent no.1 is
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earning Rs.50,000/- per month. Though this is the position, but,
applicant has not annexed any legal proof to substantiate this
income of respondent no.1. Likewise, respondent no.1 has simply
quoted that he is earning Rs.6,500/- per month and having other
responsibilities. He has annexed one appointment letter issued by
Horizon Associates mentioning therein that salary of respondent
no.1 is Rs.6,500/- per month. Admittedly, applicant is unable to
maintain herself and minor son. The respondent no.1 is having
social, moral and legal responsibility to maintain wife and son and
by contending minimum income would not absolve his liability. As
applicant and respondent have furnished different figure of
income, therefore, their submissions cannot be relied upon.
Similarly, considering common minimum income of respondent
no.1, the amount claimed by applicant prima facie appears to be
exorbitant. Though respondent no.1 has quoted about minimum
income of Rs.6,500/- per month, however, to maintain wife and
minor son, he may increase his income by exerting more. Thus,
keeping in view the financial position of respondent no.1, status of
applicant and their minor son, I am of the opinion that an amount
of Rs.5,000/- per month for applicant and her son will be well
justified and it will not cause any hardship to respondent no.1 to
sustain the said legal obligation. Hence, I am satisfied to partly
allow this application through following order -
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: O R D E R :
i The application is partly allowed.
ii All the respondents are directed not to commit any domestic
violence towards applicant, in the future.
iii The respondent no.1 Mr. Gaus Gulam Jan Khan is directed to
pay Rs.5,000/- (Rupees Five Thousands) per month to the
applicant and her son as interim maintenance since filing of
application till the conclusion of the trial.
iv The rest of reliefs of applicant will be adjudicated after trial.
v Copy of this order be provided free of cost to both the
parties.
Dt : 18.12.2019 (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai
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