Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment - 1 - C.C. No.02/DV/2024
MHMM180000062024 Received on : 01.01.2024
Registered on : 01.01.2024
Decided on : 05.04.2025
Duration : 01 Y. 03 M. 04 D.
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
09TH COURT, BANDRA, MUMBAI
(Presided over by A.K.Awari )
C.C.NO.02/DV/2024 Exh.No.21
Nusarat Irfan Qureshi
Age 45 Yrs.,Occupation- Housewife
R/o. Room No.8, 2nd Floor, Gurukripa
Building, Lohar Chawl, Kapad Bazar, …..... Applicant
Mahim, Mumbai
V/s.
1) Mr. Irfan Liyakat Qureshi
Age- 40 Yrs. Occupation- Business
2) Mr. Liyakat Qureshi
Age- 65 Yrs. Occupation- Business
3) Mr. Furkan Qureshi,
Age- 30 Yrs. Occupation- Business
4) Mr. Imran Qureshi,
Age- 38 Yrs. Occupation- Business
5) Mr. Rizwan Qureshi
Age- 35 Yrs. Occupation- Business
6) Mrs. Nazra Salim Qureshi
Age- 67 Yrs. Occupation- Housewife …...... Respondents
All R/o.R.No.06, Ground Floor, Cadel Road,
Mahim Medico, Mahim(W), Mumbai- 400 016
Application under Section 12 of the Protection of Women Domestic Violence
Act,2005.
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Judgment - 2 - C.C. No.02/DV/2024
Ld. Advocate Mrs. Seema Singh for the applicant
Ld.Advocate Mr.Fazil Hussain Shaikh for the respondent No.1
None appeared for respondent No.2 to 6
J U D G M E N T
(Delivered on 05/04/2025 )
By this application,the applicant is seeking grant of various
reliefs under Section 12 r/w. Sections 18,19,20 and 22 of the
Protection of Women from Domestic Violence Act(For short,'The D.V.
Act').
2. The case of applicant can be summarized as under:-
She was married to respondent No.1 on 24/04/2005 as per
Muslim rites and customs. Respondent No.2 is her father-in-law while
respondent No.3 to 5 are the siblings of respondent No.1. The
respondent No.6 is sister of respondent No.2. Indisputedly, they have a
son Izan and the daughter Iqra out of this wedlock.
3. After the marriage and during their cohabitation at the
matrimonial house at Mahim, some marital discord occurred between
them. Thereafter the interference of respondent No.2 to 6 was
increased. Continuous demand of the money and jewellery for
purchasing separate room was there from the side of respondents was
there. Later the respondent No.1 was addicted to alcohol and used to
beat the applicant. He used to neglect the applicant and the children.
Because of the insistence and pressure of the respondents, the applicant
sold her gold jewelleries of Rs.15 Lakh and gave the same to
respondents. Even the amount of Rs.2 Lakh given by the parents of the
applicant were taken away by the respondents.
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4. Further, the applicant was beaten several times by
respondents No.1.Hence, she lodged N.C.No.2665 on 21/12/2009 at
Mahim Police Station as well as N.C.No.445/2012. She was mercilessly
beaten and abused several times and there was a constant danger to her
life and limbs at the hands of the respondents. There used to be the
emotional , mental and the physical torture by the respondents. On
06/05/2023 , the threatening and abusing by the respondents with a
demand of money constrained her to lodge N.C.No.687/2023. Even on
the next day, she was beaten and abused by the respondent No.1. The
threat of Talaque was also given.
5. After being thrown out of the matrimonial house with two
children and all attempts by the applicant to save future went invain,
she was forced to reside in the rental premises.
6. Respondent No.1 is into the business of meat
manufacturing and supply. It is his family business under the name and
style “AL AYAAN EXPORTS” . He earns approximately sum of Rs.1 Lakh.
However, the applicant has no source of income. Daughter Iqra is
studying in 1st Year of Commerce while son Izan is studying in 7th
Standard. Hence, she filed the instant application claiming the
abovesaid reliefs.
7. Respondents despite appearance did not file reply on
record. Hence, the case proceeded without reply against them.
8. Heard Ld. Advocate Mrs. Seema Singh for the applicant.
Considering the evidence and arguments, following points arose for
determination. The findings are recorded for reasons to follow.
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Sr.No POINTS FINDINGS
1] Whether the applicant suffer domestic
violence as alleged ? Yes
2] Whether applicant is entitled for the
reliefs as claimed? Partly allowed.
3] What order? As per final order
R E A S O N S
9. The applicant led her evidence on affidavit vide Exh.06 by
verbalizing reproduction of her application. She further relied on the
documents filed like Marriage Certificate (Exh.08), affidavit annexture-
D (Exh.09), Photographs(Article-A), N.C.’s(Exh.10, Exh.12 to 16),
Medical Papers (Exh.11, Exh.19), written complaint (Exh.17), Fees
receipts of Iqra and Izan (Exh.18 collectively) and Leave and Licence
Agreement (Article-B). Despite the opportunity, the respondent did not
cross-examine the applicant nor they lead evidence. Hence, ‘No Cross’
order came to be passed.
As to Point No.1 & 2:
10. The applicant has examined herself and filed affidavit of
examination-in-chief(Exh.06). Needless to say that, the evidence has
gone unchallenged. The evidence being gone unchallenged, is prima
facie proof that the applicant found suffered domestic violence. The
instances as quoted by the applicant have not even been challenged in
the cross-examination by the respondents. The report to the Police
Station, Mahim by which non-cognizable offences were registered are
filed vide Exh.10, Exh.12 to 16. These are of various dates. Therefore,
the evidence on the point of frequent ill-treatment by the respondents is
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Judgment - 5 - C.C. No.02/DV/2024
found trustworthy.
11. I further make a note that the respondents are into the
business of meat supply. The said fact is well within the knowledge of
the applicant. However, as per Section 106 Indian Evidence Act, the
respondents have to rebut the same. Further, the Leave and Licence
Agreement filed on record clearly shows that she is staying in the rental
premises and not in the shared household alongwith the respondents.
The children Iqra and Izan are grown up and are taking education in
the city like Mumbai which requires huge expenses for the education.
This fact is well supported by the fees receipts (Exh.18 collectively). The
respondents did not file any documents or evidence to show that he
made any arrangement for the livelihood, education of the children or
the applicant.
12. As the allegations are found convincing, she is entitled for
the reliefs as claimed. The applicant claimed Rs.45,000/- per month for
herself, and Rs.15,000/- each for children. However, as per Section
106 of the Evidence Act, the burden to prove the income is within the
knowledge of the person and thus he has to prove the same. But he
has not discharged it.
13. Further, the respondent No.1 is able bodied person. But
there is nothing on record to show that it was ever paid by the
respondent. I also make a note that the applicant in her evidence on
oath has clearly stated about his business and income therefrom. When
she speaks about his shop, it is to be accepted as she could have stated
about any other profession. Likewise, it is sufficiently brought on
record that she has no source of income and is not able to earn her
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livelihood. Therefore, in my view the applicant is entitled for
Rs.20,000/-(Rupees Twenty Thousand only) for the applicant herself
and Rs.8,000/-(Rupees Eight Thousand only) each for the minor
children .
14. Further, the various instances of the domestic violence are
quoted by the applicant. As the applicant had to stay in the rented
premises,alongwith her two minor children, one can predict the mental,
physical and emotional trauma. Therefore, though it is not quantified,
the compensation for the domestic violence to the tune of Rs.50,000/-
(Rupees Fifty Thousand only) will have to be borne by the respondents.
15. Further, I made a note that sufficient evidence as regards
her separate accommodation in the rented premises is given. It clearly
shows that she is paying Rs.13,000/- per month towards the licence fees
and the sum of Rs.1,56,000/- is also paid by her. The respondent No.1
being responsible to maintain the applicant and her children, it is
necessary to order him to pay the abovesaid amount to the applicant.
Further, as regards the relief against the respondents regarding the
injunction from selling the household property, certainly she being the
lady of mature age, will not able to find shelter to lead her rest of the
life. With these findings I pass the following order.
O R D E R
1. The application is partly allowed with a cost of Rs.5,000/-
(Rupees Five Thousand) towards the cost of proceedings.
2. The respondents shall not commit any act of domestic
violence as prayed against the applicant and her children.
3. The respondent No.1 shall pay monthly maintenance at the
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rate of Rs.20,000/-(Rupees Twenty Thousand only) per month for the
applicant herself and Rs.8,000/-(Rupees Eight Thousand only) each per
month for the minor children from the date of the application.
4. The respondent No.1 is further directed to pay Rs.15,000/-
(Rupees Fifteen Thousand only) per month as a licence fees towards
the accommodation.
5. The respondents are further restrained from alienating
their house property.
6. The respondents are directed to pay the compensation of
Rs.50,000/-(Rupees Fifty Thousand only) to the applicant towards the
mental and emotional violence.
7. Copy of the order be given to the parties free of cost.
8. Copy of order be sent to the concerned Police Station and
the Probation Officer.
9. Dictated and pronounced in the open Court.
Date:-05/04/2025. ( A.K.Awari )
Addl.Chief Judicial Magistrate,
09th Court, Bandra, Mumbai.
Dictated on : 05/04/2025
Typed on : 05/04/2025
Signed on : 05/04/2025
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