Order 1

Order Details: Interim Maintenance Order
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CC No.384/DV/2018
Order below Exh. 3
1) The applicant has filed this application for interim reliefs
i.e.for injunction, for interim maintenance, for removal of
respondent No.1 and 2 from the disputed room. The respondents
have failed to file their say to this application, therefore, said
application is proceeded without say against them. I heard Ld
advocate for the applicant. I perused contents of application and
documents filed by the applicant. The contents of application
shows that the respondent No.1 is son of applicant and respondent
No.2 is daughter in law of the applicant. It shows that both the
applicant and respondents are residing in a one room i.e. Room
No.6, chawl No.143, Ram Niwas, Shivaji Nagar, Vileparle. It shows
that the applicant and her husband are old aged persons and they
are residing with the respondents. The contents of application and
the documents i.e. Non cognizable cases filed by the applicant
against the respondents prima facie shows that there is harassment
to the applicant and her husband at the hands of respondents. The
contents of application prima facie shows that the applicant is not
having any income source and due to old age, she is unable to
maintain herself. The respondents have not filed any prima facie
evidence to show that they are maintaining the applicant. The
contents of application prima facie shows that respondent No.1 is
working in Jimkhana and he is getting Rs.30,000/per month and
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respondent No.2 is working at Ghatkopar and she is getting
Rs.15,000/ per month. Thus it shows that respondents are
capable to provide maintenance to the applicant.
2) Thus it shows that the applicant has no any source of income
and she is living on starvation. It will take much time to decide
main application. Therefore, during pendency of main application,
it is necessary to grant interim maintenance to the applicant. The
applicant has prayed to grant interim maintenance of Rs.15,000/
per month for herself from the respondent No.1. But this demand
of amount of interim maintenance is exhaustive. Therefore,
considering the income source of respondent No.1, needs of both
the parties, responsibility of respondent No.1 and today's dearness,
in my opinion the applicant is entitled to get interim maintenance
of Rs.5,000/ per month.
3) The contents of application and documents filed on record
prima facies shows that respondents are harassing the applicant. It
will take much time to decide main application. Therefore, it is
necessary to grant interim relief and to restrain the respondents
from causing harassment to the applicant.
4) The Ld advocate for the applicant vehemently argued that
the respondents are causing harassment to the applicant & her
husband, therefore, it is unable the applicant & her husband to
reside with the respondents in same room, therefore, respondents
No.1 and 2 may be removed from said room.
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5) The record shows that the respondents are appeared in this
matter, but they have failed to file their say to the main application
as well as to the present application. The contents of application
prima facie shows the applicant and her husband are old aged
person. The contents of copies of N.C. cases prima facie shows
that the respondents are harassing the applicant and her husband.
The contents of application prima facie shows that the applicant,
her husband and respondents are residing together in one room.
The contents of application and the copies of NC cases prima facie
shows that there is continuous incidents of harassment at the
hands of respondents to the applicant and her husband. Under
these circumstances, in my opinion the applicant is entitled to
interim relief i.e. respondents should be removed from said room.
Considering above discussion, the application is liable to be partly
allowed. Hence, I pass following order :
ORDER
1) Application is partly allowed.
2) Respondent No.1 is directed to pay interim maintenance of
Rs.5,000/p.m. to the applicant from the date of this
application till decision of main application.
3) Respondents No.1 and 2 are hereby restrained from causing
harassment to the applicant and her husband.
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4) Respondents No.1 and 2 are directed to remove themselves
from the room No.6 of the applicant.
Dt. 27.01.2020 (C.P. Kashid)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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