Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.1/DV/2023
Sabreen V/s. Afsar and Ors.
ORDER BELOW EXH.-4
The respondents have filed present application for deletion
of their names from the application or for dropping the proceeding filed
by the applicant.
2. It is contended that, though applicant has filed the
proceeding under section 12 for the reliefs, as per sections 18 to 23 of
the Domestic Violence Act, no specific incidents even date of incidents,
which called to be the domestic violence, mentioned in the application.
Therefore, the present application is nothing but abuse of process of
law. Hence, it is liable to dismiss.
3. It is further contended that, the complaint does not disclose
the date, time and place and specially purpose, which alleged to be
demanded the dowry from the applicant. Even it has not been
mentioned in the application the specific dates, when she was subjected
to physical and mental harassment, therefore, no case made out to
proceed against the respondents. It is further contended that, this court
has no jurisdiction to entertain the complaint, therefore, it is lastly
prayed that, application be allowed and the name of respondent No.1 to
No.5 be delete from the array of party in application.
4. The applicant has resisted the application by filing her say
at (Exh.-5). According to the applicant the application is false one and
there is no provision under the law to delete the name of respondents,
as prayed. It is contended that, on 02/06/2022 respondents thrown out
her from the home. The F.I.R. bearing C. R. No.560/2023 also came to
be registered against the respondent in Santacruz police station.
5. It is further contended that, the application discloses
commission of act of domestic violence at the hands of respondents,
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therefore, application is not tenable. It is contended that, this court has
every jurisdiction to entertain the complaint application, as the
applicant used to reside within the area of this court. Therefore,
application be rejected.
6. Heard Ld. Advocate Shri Yadav for applicant and Ld.
Advocate Shri Tawade for respondents.
7. I have gone through entire pleadings of the applicant made
in the complaint. Applicant contended that, her marriage with
respondent No.1 Afsar, on 01/10/2021. In Paragraph No.3 to No.10 the
complainant made allegation regarding the abuses given by the
respondent and obscene language used by respondents against her. But
no particular date and time of the said incidents have been mentioned
by her. In Paragraph No.12 of the complaint she stated that, she has
been thrown out from the matrimonial house on 02/06/2022. In
Paragraph No.16 the complaint stated that, the respondent No.1
neglected to maintain her and her child. In Paragraph No.18 the
applicant contended that, she has lodged the complaint on 28/12/2022
against the respondents for pronouncing triple
Talak on phone. .
8. After going through above sort of the pleadings the
complainant has stated that, she has been subjected verbal, as well as
physical abuse at the hands of respondents. She has given the specific
date allegeding that, on that day the respondents have thrown out her
from the matrimonial home. Therefore, at this stage it cannot be said
that, the complaint does not shows any domestic violence against the
respondents.
9. As per section 27 of the Domestic Violence Act, provides
that, the JMFC and the Metropolitan Magistrate shall competent court
to grant reliefs under the Domestic Violence Act to aggrieved person
who within the local limits of such court permanently or temporarily
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resides or carries on business or is employed or the respondents resides
or carries on business or is employed or caused of action has arisen.
10. In present case at hand the applicant has mentioned her
address in complaint is Ramlakhan Patel Chawl, Rajiv Nagar, Gajdhar
Bandh, Santacruz (W), Mumbai. Even Address to that effect has been
filed by her on record. Further, in F.I.R. bearing No.560/2023, registered
with Santacruz police station also contended the address of applicant,
as Ramlakhan Patel Chawl, Gajdhar Bandh, Santacruz (W), Mumbai.
The applicant is aggrieved person, as contemplated under the provisions
of Domestic Violence Act and she used to reside within the local limits
of jurisdiction of this court. Therefore, in view of provision of section 27
of Domestic Violence Act this court has every jurisdiction to entertain
and decide the matter. Hence, I do not find any substance in the
application. Therefore, I proceed to pass following order.
ORDER
1 The application is rejected.
Mumbai.
Date : 14/06/2024.
SRD.
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on :- 14/06/2024.
Transcribed on :- 14/06/2024.
Checked on :- 14/06/2024.
Signed on :- 14/06/2024.
SRD
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