Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 2 DV 2022 Sheeba Vs Waseem and ors.
CNR MHMM18-005522-2022
ORDER BELOW APPLICATION FOR INTERIM ORDER
1. Perused record and written notes of arguments. Heard both sides.
This is an application under Section 23 of Protection of Women from
Domestic Violence Act, 2005, hereinafter referred as D.V. Act.
2. The applicant approached this court and contended that Respondent
No.1, Mr. Waseem Ahmed Mansoori, is her husband, hereinafter referred
as main respondent, with whom her marriage was solemnized on
29.11.2015, at Dharavi, Mumbai. Other respondents are her in-laws. The
marriage expenses of about Rs.5,00,000/- were borne by her parents.
After marriage she had been to the house of respondents. There they
caused various acts of domestic violence as narrated in the main
application. The summary of those allegations is that they harassed and
teased applicant repeatedly on flimsy grounds. They caused emotional
and physical violence. They demanded money. Part of their demand was
complied, but later on as demand not complied ill-treatment continued.
Respondents harassed her as she was unable to conceive the child, but
later on it is revealed that the fault is on the part of main respondent.
Finally, due to conduct of the respondents she left matrimonial house.
Then main respondent went to Saudi Arabia. Applicant is Graduate, but
has no means of income. The respondent though able-bodied and earning
good income not made any arrangement for her livelihood. Therefore, she
filed present application in the main application and sought relief of
maintenance and residence allowance.
3. The respondents vide their say Exh.6, denied all the adverse
allegations. They admitted the relationship with applicant. The summary
of their contention is that all the allegations are false. Applicant left
matrimonial house on her own. She is not entitled to get any reliefs.
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C. C. No. 2 DV 2022 Sheeba Vs Waseem and ors.
CNR MHMM18-005522-2022
4. Considering adverse pleadings, written and oral submissions of
both the parties, and other facts and circumstances I framed following
points for my determination and recorded my findings on each of them as
follows for the reasons discussed below-
POINTS FINDINGS
1. Does from the material on record applicant succeeded
in making out prima facie case of commission of
domestic violence against her by the respondent ? ....In the affirmative.
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ....In the affirmative.
3. What order ? ….Appli. is partly allowed.
R E A S O N S
5. As stated above, both the parties filed their respective pleadings
which are supported by affidavits. Applicant also relied on certain
documents such as marriage photographs, medical reports, etc. The
relationship as well as the fact that applicant is residing separately since
long and respondents made no arrangement for her livelihood, is almost
admitted.
6. The defence taken is that applicant herself left matrimonial house
without any justifiable cause and she is not ready to resume cohabitation.
So also this fact is admitted by her in the proceedings before certain
authorities. The documents in this regard were also filed on record.
7. The case of the applicant is supported by affidavit and other
material. However, the respondents relied on the above referred
documents in which she refused resume cohabitation. However, if we
considered this whole document, the said fact can not be read in isolation
of other contents. It can be said that such inability expressed mainly for
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C. C. No. 2 DV 2022 Sheeba Vs Waseem and ors.
CNR MHMM18-005522-2022
the reasons of acts of domestic violence committed by the respondents,
which are described in the said report itself. Further, certain copies of
other documents also corroborate the stand of the applicant.
8. The Ld. Advocate also relied on the First Information Report,
wherein it is alleged that applicant caused assault to one of the
respondent. So also she brought the ornaments owned by the respondents.
However, these facts can not be taken into account at this stage and can
not be utilized against the applicant.
9. The conduct of the respondents from whole record also reflects the
fact that respondents taking no care of the day to day requirements of the
applicant and providing nothing for her survival though relationship is
admitted. It can also be said to be a economic violence.
10. Except bare denials by way of somewhat vague say filed by
respondents the facts pleaded and argued can not be said to be a defence
enough to discard the applicant’s version and refuse the maintenance to
her. In such a situation it can be said that the respondents committed
various acts of domestic violence against the applicant, including
emotional and economic violence. Therefore, I recorded my findings on
Point Nos.1 and 2, in the affirmative.
11. So far as reliefs are concerned the applicant pleaded that she has no
means of income. This fact is not seriously disputed by the respondents.
Applicant is also claiming residence and it is also almost admitted that
she has no place to reside except with her parents at their house. The main
respondent is a taxi driver by profession. Reliefs are of such a nature,
those can be granted only against him. Considering these facts pleaded
pertaining to income of main respondent, status of the parties and other
material came on record in support of it, I am of the opinion that
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C. C. No. 2 DV 2022 Sheeba Vs Waseem and ors.
CNR MHMM18-005522-2022
ORDER
a. The application is partly allowed.
b. The main respondent Mr. Waseem Ahmed Mansoori, is herewith
directed to pay Rs.3,000/- (Rupees Three Thousand Only) per month to
the applicant, Mrs. Sheeba Waseem Ahmed Mansoori, from the date of
filing of application till the month of March 2024, as past interim
maintenance.
c. The respondent Mr. Waseem Ahmed Mansoori, is herewith
directed to pay the interim maintenance of Rs.4,000/-(Rupees Four
Thousand) per month to the applicant, Mrs. Sheeba Waseem Ahmed
Mansoori, from the month of April 2024, till the decision of the main
application towards maintenance, so that applicant shall not be compelled
to knock the doors of court again and again for enhancement of the
maintenance amount.
d. The respondent, Mr. Waseem Ahmed Mansoori, is also directed to
pay Rs.3,000/- (Rupees Three Thousand only) towards house rent from
the month of April 2024, in addition to interim maintenance granted
above.
e. The prayer for other interim reliefs is rejected.
f. The copy of this order shall be given free of costs to both the
parties.
g. Both the parties and their advocates present before court, shall take
note that respondent is directed to remain present before this court on
13.06.2024, for recording his appearance in the recovery proceeding to be
filed by applicant on or before 31.05.2024. If he failed he shall take
further note that Recovery-Cum-Arrest Warrant may be issued against
him.
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C. C. No. 2 DV 2022 Sheeba Vs Waseem and ors.
CNR MHMM18-005522-2022
h. If respondent Mr. Waseem Ahmed Mansoori, failed to comply the
order the applicant is directed to file separate application bearing separate
number for recovery of arrears.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 06.04.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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