RAJENDRA SHIVA MALPEKAR Vs. SUJATA SURESH ADPAIKAR

JUDGEMENT

(1.) By this petition, the petitioner has challenged concurrent orders passed by the Magistrate and the Sessions Court under the provisions of Protection of Women from Domestic Violence Act, 2005.

(2.) The respondent filed an affidavit in form III claiming interim maintenance from the petitioner. She claimed that there was a religious marriage between the two and that in terms of the requirements of law, the petitioner had co-operated at the stage of first signature, but at the stage when second signature was to be appended to signify the marriage between the parties, he had refused to do so. This was one of the grounds taken by the respondent while initiating proceedings under the aforesaid Act.

(3.) The affidavit filed on behalf of the respondent was marked as Exh.C1, wherein she claimed specific amounts towards interim maintenance under the provisions of the said Act. The petitioner filed his reply and denied the claims of the respondent. By order dated 15.4.2019, the Magistrate rendered prima facie finding of domestic relationship between the parties and thereupon held that the prayer for interim monetary relief made on behalf of the respondent deserved to be partly allowed. The Magistrate directed that the petitioner shall pay an amount of Rs.10,000/- per month to the respondent till the proceedings were pending under the aforesaid Act.