Interim Order 1

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IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI MUMBAI
C.C. NO. 368/DV/2018
Zeenat Firoz Shaikh ...Applicant
v/s.
Firoz Latif Shaikh & ors. ...Respondents
ORDER BELOW EXH.6
Read the application. No say filed by other side.
Heard Ld. Counsel for the applicant at length. Respondents
and Ld. Counsel for the respondents are absent when called.
2. It reveals that Ld. Counsel for the applicant has made
this application for grant of interim relief. It is her submission
that the applicant is in need of maintenance and residence.
The applicant unable to maintain herself as she is not having
any source, also no place of residence, two minor children are
depended upon her. The respondent no.1 is earning the
handsome amount for the month, therefore pray for
Rs.35,000/p.m. as maintenance and relief of accommodation.
3. Inspite of sufficient opportunity no say filed by the
respondents.
4. If considered the submission made by the applicant,
material placed on record, it appears that the applicant was
subjected to domestic violence by the respondents and
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therefore residing separately. The fact of relations and the
children begotten from the said wedlock, has not been denied
by the respondents, as they failed to submit their say.
Therefore, the said fact is required to be considered.
5. So far as domestic violence is concerned, the same
also not denied by the respondents, therefore, prima facie
there is domestic violence at the hands of respondents,
therefore the same is required to be considered.
6. So far as prayer made by the applicant is concerned,
if considered the source of the respondents and the
submission made by the Ld. Counsel for the applicant that the
respondents earning handsome amount, therefore pray
Rs.35,000/ p.m. towards maintenance, I am of view that
Rs.10,000/ p.m. is sufficient for the applicant.
7. So far as the order with regard to relief of
accommodation, nothing has been brought on record so as to
show the applicant is need of the said relief, the same cannot
be considered.
8. If considered there exist domestic violence, I am of
view that respondents are required to be restrained from
committing domestic violence against the applicant in future.
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9. Considering all aspects and above discussions, I
proceed to pass following order:
O R D E R
1. The application is partly allowed.
2. Respondent No. 1 Firoz Latif Shaikh do pay amount of
Rs.10,000/ p.m. to the applicant towards maintenance
from the date of filing of interim application till the
disposal of main application.
3. Respondents are 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.
Sd/
Mumbai (R.M. Nerlikar)
Date : 01/07/2019 Metropolitan Magistrate
66th Court, Andheri, Mumbai
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