Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: – 1 – C.C.NO.391/DV/2018
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
44th COURT, ANDHERI, MUMBAI.
C. C. No. 44000391/DV/2018
Smt.Afnan @ Haniya Bilal Patel .. Applicant
V/s
Shri. Bilal Patel & Ors. .. Respondents
Application under Section 12 of the
Protection of Women from Domestic
Violence Act,2005
ORDER PASSED BELOW APPLICATION FILED UNDER SECTION 23
BY THE APPLICANT FOR INTERIM RELIEFS
The Main Application is filed under Section 12 of
Protection of Women from Domestic Violence Act, 2005 and present
application is filed for interim monetary relief.
2. Brief facts of the applicant's case are that
The applicant is married with respondent No.1 on
27/05/2018. Thereafter she resided with respondents at the house of
respondents. She was illtreated from the first day of the marriage and
started behaving very rudely and talking bad words about her parents.
The respondents were not allowed the applicant to visit her parental
house. After pregnancy respondents asked her to abort the child. They
started torturing to the applicant. Respondent No.1 taking nude photos
and making videos of the applicant for which she felt ashamed. It is
further alleged that respondent No.1 spoiled the name of the applicant
by saying that before marriage she had many affairs because of which
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she aborted her child. Due to all reasons all the respondents were
treated the applicant badly and subjected to domestic violence.
Therefore, she has filed the present applicant and prayed for interim
monetary relief of Rs.2 Lakhs per month for her food, shelter and
clothing.
3. All the respondents appeared in this proceeding and filed
their say on the basis of the statement. Respondents have denied all the
allegations of the applicant. When the respondent No.1 knows that the
applicant was pregnant, all the family members wanted her to keep
happy and never objected for her visiting or staying back in her parental
home. The respondents always interested to know the overall health of
the applicant and the child in her womb and respondent No.1 wanted
her to carry out the general check up. In the month of September the
applicant on the pretext of meeting of her family went with her relatives
to the parental home and did not return home since then. Respondent
No.2, 3 and 4 were residing separately. It is further stated that he is a
student of Architecture College. He is also working with Kohinoor
Developers as Apprentice/Student Trainee on a stipend of Rs.4,500/
per month. On all these contentions respondents prayed to reject the
application of the applicant.
4. From the rival contentions of both the parties following
points arise for my consideration and I have recorded my findings
thereon for the reasons stated thereon.
Sr.No. POINTS FINDINGS
1. Whether the applicant is entitled for
interim monetary reliefs?
Partly in the
affirmative
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2. What order? As per the final order.
R E A S O N S
AS TO POINT NO.1:
5. Relation between the parties as to the marriage is an
admitted position. Applicant has alleged various incidents of which she
was subject to physical and mental happenings. She has alleged that
respondent No.1 has exwife and she had not informed about the first
marriage. The respondents have denied all the allegations of the main
application, however mere denial is not sufficient. I do not find any just
and proper reason to disbelieve the applicant. Hence, I find that
applicant has prima facie proved that she was subject to some of sort of
mental and physical harassment. Therefore, she is entitled to relief as
she prayed through this application. Hence, I answered Point No.(1) in
the partly affirmative.
AS TO POINT NO.2
6. The applicant has claimed interim monetary relief of sum
of Rs.2 Lakhs per month. She resides at her matrimonial house
presently. After marriage it is duty of the husband to maintain his wife.
As per the submission of the applicant it is prima facie proved that
respondent No.1 has not made any arrangement of her maintenance.
Applicant has submitted that respondent No.1 is a businessman and also
running construction company and his monthly income is Rs.5 Lakhs
and his yearly income is Rs.60 Lakhs. In such a situation, respondent
No.1 has sufficient means to maintain the applicant.
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7. At this stage it is evident that respondent No.1 has prima
facie neglected to maintain the applicant. The applicant failed to
produce any documentary evidence to show that he is having any
amount of income as per her main application. Therefore, in such a
situation or in absence of any document of income proof, living
standard of both the parties should be taken into consideration and cost
of essential commodities also be taken into consideration, I find that
interim monetary relief of Rs.10,000/(Rupees Ten Thousand only) per
month will suffice the purpose. Hence, I answered Point No.(2) as
follows.
O R D E R
1. Application is partly allowed.
2. Respondent No.1 is hereby directed to pay interim
monetary relief of Rs.10,000/(Rupees Ten Thousand only) per month
to the applicant from the date of present application till final order.
3. Copy of this order be provided to the applicant free of cost.
( A.I.Shaikh )
Metropolitan Magistrate,
Date : 03.02.2020 44th Court, Andheri, Mumbai.
vnh.
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