Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: … 1 ... C.C. No. 356/DV/2018
IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
C.C. NO. 356/DV/2018
Mrs. Seema Vinayak Gaikwad ... Applicant
V/s
Mr. Vinayak Dhondiram Gaikwad & Ors. ... Respondents
ORDER BELOW INTERIM MAINTENANCE APPLICATION EXH7
FILED BY APPLICANT ON 30.09.2019
1. It is an application for interim maintenance. It is the
contention of applicant that she married to respondent No.1 on
28.05.2017 and after marriage she resided with respondents. After
marriage soon she met with mental and physical harassment at the
hands of respondents. Even the respondent No.1 was not providing
financial assistance to applicant and on petty issues she was physically
assaulted and verbally abused. Even on her report, both the husband
and wife were undergone counseling on 25.10.2018, but due to rigid
behaviour of nonapplicant No.1 (respondent No.1) the counseling went
in vain. The respondent No.1 is well educated and Hardware Engineer
earning Rs.20,000/ per month. She was driven out of the house and
now forced to live separately at her parents' place.
2. Per contra, respondents filed their say to the interim
application at Exh10. They have totally denied the allegations and
further submitted that the application is moved with an ulterior motive
to claim maintenance by taking advantage of provisions of Domestic
Violence Act. It is further contended that the applicant herself is
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economically sound to bear her own expenses, as she is engaged in a
job and thereby drawing salary of Rs.30,000/ per month by doing DTP
work. The respondent relied upon the authorities:
1) Mamta Jaiswal Vs. Rajesh Jaiswal of the Hon'ble Madhya Pradesh
High Court and
2) AIR 2005 Karnataka 417, Shanthi Vs. Vasudev.
3. Heard. Perused record.
4. The marriage is admitted fact, even the applicant is
residing separately is also not denied. The allegations of illtreatment
are on affidavit. Even there are N.C.'s placed on record dated
22.07.2018 and 29.08.2018. The averments in the affidavit read with
reports to police, primafacie suggests that the applicant had reason to
live separately, as no lady would approach police station unless she has
a reason to do so. Thus, the factum of illtreatment at this interim stage
cannot be disbelieved.
5. It is admitted fact that the nonapplicant is Hardware
Engineer though he has denied the quantum of salary he draws from his
job. However, being the husband the respondent No.1 is morally and
legally bound to maintain his wife. Though he claimed that his wife is
engaged in a private job and draws handsome income, however, the
same is without any proof. Therefore, at this stage it cannot be taken
into account.
6. Further, during the separation since 20.09.2018 there is
hardly any attempt on the part of nonapplicant to support applicant
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financially. The above rulings placed on record does not resemble with
the facts in hand and thus of no use to the nonapplicant.
7. Further, record shows that parties undergone counseling at
State Women Redressal Cell. However, the report suggests that non
applicant(respondent No.1) refused for any sort of conciliation and
even both the parties shown readiness to dissolve the marriage by
obtaining divorce. As stated above, the nonapplicant(respondent No.1)
being husband of applicant is legally and morally bound to maintain his
wife. Looking to the status of the parties, following order will meet the
ends of justice.
ORDER
1 The application is partly allowed.
2 The respondent No. 1 shall pay Rs. 5,000 p.m. towards
maintenance to the applicant from the date of institution of this
petition, till final disposal of the case.
Sd/
Date : 14.10.2022.
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai
csj
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