Dhananjay Munde, Karuna's relation in 'nature of marriage': Court

NCP leader Dhananjay Mundes relationship with a woman claiming to be his first wife is prima facie in the nature of marriage and she is entitled to claim relief under the Domestic Violence Act a sessions court in Mumbai has said reported news agency PTIAdditional sessions judge Shaikh Akbar Shaikh Jafar in the order on Saturday dismissed the former Maharashtra ministers appeal against an interim maintenance order of a magistrate reported PTIThe Nationalist Congress Party leader had claimed in his appeal that he was never married to Karuna Munde the applicantThe court said whether she is a legally wedded wife or not it has to be decided by the appropriate forumBut the former state ministers relationship with the woman is in the nature of marriage as she has given birth to his two children and it is not possible without residing in a shared household as per the courts detailed order available on Wednesday reported PTIConsidering the lifestyle of a renowned political figure the magistrate was justified in granting interim maintenance to Karuna Munde the court saidKaruna Munde and her children were entitled to the same lifestyle which is being enjoyed by the NCP leader it said reported PTIThe court dismissed the politicians appeal against an interim order which directed him to pay maintenance to Karuna MundeOn February 4 the Bandra magistrate court partly allowed Karuna Mundes interim plea and directed the NCP legislator to pay Rs 125000 per month to the woman and 75000 per month to their daughter as interim maintenance reported PTIThe woman filed a domestic violence case against Dhananjay Munde in 2020 and the magistrate court is yet to decide the main pleaThe former minister had filed an appeal before the sessions court against the interim orderWhile rejecting his plea the court said is well settled that a woman who is subjected to domestic violence and was in a livein relationship which is in the nature of marriage known to the society is entitled to the reliefs as provided under the Domestic Violence Act reported PTIHowever the politician contended she was neither his wife nor he was in a livein relationship with herHis lawyer argued the woman may be at the most termed as concubine of the appellant and she is not entitled to any relief reported PTIThe court rejected the contention saying primafacie the two documents Vasiyatnama and Swikrutipatra placed on record show that respondent number 1 woman is in a relationship with the appellant in the nature of marriage reported PTIWhile deciding the application under the Domestic Violence DV Act this court need not declare the status of the parties relating to their marriage it saidThus I am of the view that prima facie respondent No 1 was in a relation with the appellant in the nature of marriage and she has given birth to two children of the appellant which is not possible without residing in a shared household the judge said reported PTITherefore she is entitled to claim the reliefs as provided under the DV Act the court ruledOn the submission that the woman has a sufficient source of income the court said it should assess whether the earning is sufficient to maintain herself similar to the status of respondent reported PTIDhananjay Munde is a political leader Therefore his financial capacity cannot be in question nor can it be compared with the court notedEven if it is presumed that respondent No 1 is earning she is also entitled to maintenance to maintain their lifestyle as of the appellant the court said reported PTIConsidering the facts and circumstances of the case the court was of the view that the magistrate is justified in granting interim maintenance and quantified the same in a proper manner which needs no interference reported PTITherefore I am of the view that the appeal deserves to be dismissed the sessions court judge saidWith inputs from PTIatOptionskeyd0ddb8ef8f1a62a8cdd22fac27fc5ea7formatiframeheight90width728params