Order 2

Order Details: copy of Interim Order
Pdf Text: C. C. NO.59/DV/2023
ORDER ON INTERIM APPLICATION BELOW EXH3A
By this application, the applicant has prayed for various
interim reliefs in terms of monetary as well as Protection Order and
residence order under section 23 of the Protection of Women From
Domestic Violence Act, 2005 (for short 'D.V. Act').
2] The application is opposed by respondent no.1 by respondent
vide reply Exh12. He denied all the allegations made in the application
and per contra contends that the applicant herself left his company
without any reason. There is no act of domestic violence against the
applicant. The application is malafide and is filed only to harass the non
applicants.
3] I had an opportunity to extensively hear Advocate Shri. Kini
for the applicant and Advocate Smt. Mukta Singh for respondent no.1.
4] As far as the aspect of domestic violence against respondent
no.1 against the applicant is concerned, various allegations are made by
her against the respondents which are, obviously, denied by the
respondents. However, it is came to my notice that respondent no.1 had
taken two different stands as far as the respondents leaving the present
residential premises is concerned. According to him, the applicant drove
him and his aged old parents from the said house which actually is
premises taken on leave and license by father of respondent no.1. On
the other hand, Ld. Advocate for respondent no.1 submitted that the
applicant herself left the company of respondent no.1. Interestingly, in
that regard, certain photographs taken from CCTV Footage are being
relied upon. At any rate, it has to be said that the two different stands
taken by respondent no.1 are self sufficient to infer that the applicant is
prima facie able to establish that she was subjected to domestic violence.
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5] As far as the financial capacity of parties are concerned, the
applicant contended that respondent no.1 is builder by profession and
earns in Lacs per month. Certain documents downloaded from official
website of RERA are filed to show that respondent no.1 is Director of
certain firms which are dealing in Real Estate Business. Per contra,
according to respondent no.1, applicant no.1 is educated enough to do
any job and she can earn that much amount which is sufficient for her
livelihood.
6] Though, the existence of various construction companies and
other businesses relating to Real Estate is admitted by respondent no.1,
according to him, those are in the name of his mother. I am unable to
accept this contention. It may be the case that those businesses are run
by mother of respondent no.1, but that seems to be on paper only.
Whatever activities of said businesses, without doubt, those are carried
out by respondent no.1.
7] Recently, this court has decided an application (Exh27) by
which the applicant has prayed for various reliefs in respect of
properties belonging to Reki Developers LLP. The said application is
rejected by this court. But while rejecting it, this court has taken note of
the fact that documents supporting the said application will be taken
into consideration for decision of the present application. Particularly it
was specifically held that those documents can be considered to
ascertain the financial capacity of the parties. The documents filed in
support of the said application (Exh27) are clear enough to infer that
the applicant has procured various documents from the site of
MahaRERA, supporting her contention that respondent no.1 is earning
in Lacs per month.
8] Recently, it is submitted at bar by both the Advocates that
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respondent no.1 succeeded to withdraw the amount of Rs. 65,00,000/
from the account of Reki Builders whereas he lodged complaint against
the applicant alleging that she unlawfully withdrawn the amount of Rs.
20,00,000/ from the said account. I am not discussing the merits or
demerits of said allegations. However, the fact becomes clear that the
respondents are born rich. They are, prima facie guilty of the acts of
domestic violence against the applicant. Respondent no.1 is having
business in real estate. Many projects of construction and development
of respondent no.1 are going on. His financial capacity and wealth can
be inferred from the fact that the documents filed by applicant which
are downloaded from MahaRERA site.
9] It is settled law that the purpose of granting relief under
section 23 of the DV Act is to restore the status of applicant including
the manner of her life style when she was residing with the
respondents. Considering the abovementioned circumstances on record
and more particularly the socio economic background of the parties, in
my opinion, respondent no.1 can easily provide financial assistance as
mentioned in the final order to the applicant. Accordingly, the following
order is passed:
ORDER
1. The application is allowed in following manner:
a. All the respondents are restrained from
committing any kind of domestic violence of any nature against the
applicants.
b. Respondent no.1 shall pay the monthly
maintenance of Rs.1,50,000/ (Rs. One Lac Fifty Thousand) per month
towards the expenses of applicants from the date of application till
decision of main petition.
c. Besides it, respondent no.1 shall pay the amount
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of Rs. 1,25,000/ (Rs. One Lac Twenty Five Thousand Only) per month
towards the rent / license fees of the present premises in which the
applicant is residing i.e. Flat No.1001, Vista 1, LBS Road, Ghatkopar
(West), Mumbai 400 086. He is also directed to pay the arrears of
rent / license fees of the said premises to its owner within 15 days from
the date of this order.
d. He shall also pay the amount of Rs. 50,000/ (Rs.
Fifty Thousand Only) per month towards the education expenditure of
applicant no.2 from the date of application till decision of the main
application.
e. As far as any expenditure of applicants towards
their medical treatment of any nature, applicant no.1 is at liberty to file
such bill showing medical treatment from registered hospitals and in
that contingency it will be binding upon respondent no.1 to reimburse
such bill amount.
2. Copy of this order be given to parties free of cost forthwith.
Date : 12/01/2024
Place:Vikhroli.
(S. M. Kale)
Addl. Chief Metropolitan Magistrate,
31st Court, Vikhroli, Mumbai.
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