Interim Order 1

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IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 366 /DV/2018.
Gayatri Nitin Devrukhkar … Applicant.
V/s.
Nitin Madhukar Devrukhkar … Respondents.
ORDER BELOW APPLICATION FOR GRANT OF INTERIM
RELIEF FILED BY THE APPLICANT
Read the application, say of the respondent. Heard
Ld. Counsel for both the parties at length.
2. It reveals that the applicant has made this application
for grant of interim relief. The relations between the parties
are not disputed. It is also not disputed fact that they have
one issue of 7 years. It is also not disputed fact that applicant
and respondent resides separately from each other. It is also
not disputed fact that the child of the parties resides with the
applicant. It is also not disputed fact that the respondent is
ready to maintain his child. The only dispute is that the
applicant is entitled for relief as prayed by the applicant.
3. In short it is the case of the applicant that the
respondent with intend to dispose of the house belongs to the
applicant as the same was purchased from the necules
provided by the parents of the applicant. The respondent with
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intend to dispossessed the applicant from the house, sold
some of the portion and now intent to dispose entire house
and by virtue of it not paid the dues of electricity.
4. It is submitted by the applicant that the act of the
respondent is nothing but domestic violence, compelling the
applicant to drove out of the house and owned the house for
selling the same. She further argued that it is the right of the
applicant to reside in the said house as the same was
purchased by her, the same cannot be dispose of by the
respondent. She further argued that she is in need of
maintenance for herself and her child. Therefore prayed for
order directing the respondent not to commit further domestic
violence. She also prayed for directing to pay charges of the
electricity and other relief as stated in the application.
5. The respondent apart from the relations deny other
allegations made by the applicant. It is submitted by the
respondent that the applicant is qualified beautician, runs
Beauty Parlour and therefore, able to maintain herself. He
ready to maintain their child. Contrary submitted that it is the
application to hold an intention of acquiring the property of
the respondent and has grab the same, stated that he has not
committed any domestic violence alleged by the applicant,
prayed to reject the application.
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6. If considered the dispute in between the parties and
the dispute of house where the parties resides, I am of view
that one cannot come to the conclusion at this juncture and
express verdict with regard to the title of the property where
the applicant reside. Further nothing on record to show that
some portion of the house was sold by the respondent.
Therefore, in the absence of proof in that regard as the said
issue relates to fact can discuss after fullfledge hearing.
7. If considered the undisputed fact in between the
parties, irrespective of the facts as to whether the applicant is
earning or not, I am of view that as she is the wife of the
respondent, the respondent is boundant to maintain the
applicant. The respondent has not denied the source as
alleged by the applicant. Considering this aspect I am of view
that the respondent is bound to provide maintenance to his
wife i.e. applicant and child of Rs.10,000/ per month.
8. If considered the dispute in between the parties the
order of restraining the respondent from committing the
domestic violence against the applicant in future is required to
be passed. Accordingly I passed the following order:
O R D E R
1 The application is partly allowed.
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2 Respondent do pay the amount of `.10,000/ ( `.Ten
Thousand Only) p.m. to applicant which includes
the maintenance of the child till the disposal of
main application.
3
Respondent is hereby restrained from committing
domestic violence against the applicant in future.
4
Copy of order be given to both the parties free of
cost.
5
Copy of this order be sent to P.I. of concern police
station, within whose jurisdiction the applicant
resides.
Mumbai.
Dated : 13/05/2019.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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