Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 14 DV 2021 Trupti Vs Kaustubhrao
CNR MHMM18-000314-2021
ORDER BELOW EXH.1
1. Perused record and notes of arguments filed by both the parties.
Heard both the sides.
2. The applicant approached this court under Section 12 of Protection
of Women from Domestic Violence Act, 2005, hereinafter referred as
D.V. Act, and vide Prayer Clause I(14), she also sought interim reliefs in
the form of interim protection order, return of stridhan, interim
compensation and interim maintenance.
3. The summary of her case is that the applicant Mrs. Trupti Kaustubh
Rao, hereinafter referred as applicant, is belonged to reputed business
family and highly educated, an Engineer by profession. Her marriage with
respondent Mr. Kaustubh Narendra Rao, hereinafter referred as main
respondent, was solemnized on 09.11.2015. The respondent is also
Engineer and holds Post Graduation Degree in Business Administration.
Now he works and resides in Singapore. Other respondents are parents of
main respondent/in-laws of the applicant, are residing at Nashik.
4. Before marriage the main respondent made several commitments
and also aware of the social and financial status of the applicant. They are
also aware of her liberal family background. However, after marriage
during her stay with respondents at Badlapur, Thane and Nashik and other
places, she found that the respondents are not matching with her stature.
They were leading and following such lifestyle which made her living so
uncomfortable that it was difficult for her to lead further matrimonial life
with the respondents. The respondents were following practices not in
consonance with a life style of educated people and liberal values.
Respondents were not having house with all the amenities and sufficient
space. Respondents were following black magic practices. Respondents
caused tremendous verbal abuse to applicant. Respondents not provided
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anything to applicant to earn daily livelihood or any financial support.
Respondents denied money to applicant for her medical expenses. At her
stay with main respondent at Singapore also he caused several acts of
domestic violence against applicant. All these acts compelled applicant to
leave matrimonial house. Therefore, she filed divorce petition. After her
separation also respondents stalked her. The violence continued,
therefore, she filed present application for various main reliefs and
claimed the above referred interim reliefs.
5. The respondents vide their say, Exh.10, filed detailed reply. They
denied all the adverse allegations and given point to point narration of the
disputed acts. They contended that applicant is adamant. She caused
mental cruelty to respondents. Due to her behavior the respondents
suffered tremendous mental pain and agony. The behavior of the
applicant was improper, the respondents narrated various incidences
occurred during the residence of applicant with them. They admitted the
fact of employment however, pleaded that the salary is not enough for the
main respondent to pay any maintenance.
6. The submissions and contents of written arguments are in tune with
their respective contentions. Considering adverse pleadings of both the
parties, their submissions 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 negative.
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ...In the negative.
3. What order? ..Appln. is rejected.
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R E A S O N S
Nature of basic allegations - Difference in social status of parties
7. If we go through the main application and the main allegations of
domestic violence, made therein the applicant herself contended that she
belongs to upper economic strata. However, main respondent is a child of
teacher, the record reflects that as compared to applicant, respondent is
socially and economically on somewhat lower footing. He seems to be
belongs to lower middle class having weak economic background and
lower social strata as compared to applicant. Though the main respondent
is well educated, the standard of living of respondents is not matching
with the standard of living of applicant.
8. The pleadings are running into several pages making the allegations
summarized above. Though those allegations are termed by applicant as
domestic violence within the meaning of Section 3 of D. V. Act, but as
observed above those can be said to be instances of differences occurred
on account of social and economic disparity between lifestyle followed by
both the parties. Those acts even if presumed to be true can not be said to
be acts of domestic violence. Speaking more particularly those are
incidences occurred on account of differences in lifestyle followed by
respective families. The applicant belonged socially and economically
higher strata, which is following liberal values. However, respondents are
from lower economic strata may be belonged to lower middle class
background and seems to be somewhat conservative. As such, if we
summarized the allegations made in the application those can be said to
be differences occurred on account of this social and economic disparity
between both the parties. The definition of domestic violence needs to be
interpreted in larger social perspectives. Any act occurred can not be
termed as domestic violence unless and until it is having some element of
illegality. Such basic element of illegality constituting violence is absent.
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The very intention to harass the applicant physically or mentally is totally
missing. Therefore, facts pleaded or alleged strictly speaking can not be
said to be acts of domestic violence, within the meaning of D. V. Act.
Verbal abuse and mental cruelty
9. The applicant also made certain allegations of domestic violence of
somewhat other nature alleging verbal abuse and mental cruelty. In this
respect applicant filed on record several documents including chats on
social media platform and other papers. From those documents also it can
be said that there caused no domestic violence by the respondents, rather
those are acts occurred on account of differences between the parties. As
such about those allegations also, there is doubt whether those acts can be
said to be any domestic violence within the meaning of the D. V. Act or
not?, rather those can also be said to be incidences alleged out of
differences.
10. The applicant has pleaded much more about the religious practices
followed by the respondents. In this regard if we go through her own
pleadings it can be easily inferred that respondents were following those
practices on their own and not in any way forcing the applicant to follow
those practices. It is everyone’s choice to follow the ideology or practice,
which may not be in consonance with liberal modern lifestyle or which
may be termed as superstition or conservative lifestyle followed by
another. Unless and until such a practice is forced on other persons, it can
not be said to be an act against any law or in violation of any law,
including D. V. Act. Therefore, this fact can not be said to be domestic
violence. Applicant also alleged stalking by respondents after her
separation from respondents. However, those allegations are vague. The
applicant is highly educated, having sound background and on her own
able to lead life with her required social standards and can protest easily.
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However, she pleaded that she tolerated those acts, which is difficult to
believe. Thus, there is doubt whether the acts alleged occurred or not? Or
even if they presumed to be occurred, whether they constitute any
domestic violence or not?
Economic violence -
11. The applicant also contended that respondents caused economic
abuse by not providing certain expenses to the applicant. Those
allegations are also vague. As per applicant herself she belongs to sound
background, she is highly educated and is having earning capacity.
Further, it is necessary to mention in this regard that the Assets and
Liabilities affidavit, Exh.12, is filed by applicant. In this affidavit she
herself claimed that applicant is earning salary. This fact is against the
applicant and it can not be said that any economic violence either caused
or is still applicant is suffering from it.
12. The above discussion is solely based on the contents of the main
application only, ignoring defence pleaded by the respondents. On it’s
basis only, it can be said that no prima facie case of domestic violence
made out, on the basis of which any interim relief can be granted.
Absence of basic pleadings and income of applicant -
13. Not just that, there is another basic defect noticed in the pleadings
of the applicant. The law in respect of interim reliefs is now well settled.
Any interim reliefs under any Law can not be granted in routine manner.
Such reliefs are of extra ordinary nature to be granted only in the cases of
extreme urgency to save the interest of justice. The parties praying for
such reliefs must make out such case of extreme urgency by way of
specific pleadings to that effect and such pleadings should be supported
by sufficient evidence, which will justify the grant of such reliefs. In
absence of specific pleadings no relief can be granted.
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14. In the present matter such pleadings about urgent need of interim
reliefs of any sort are totally absent. Therefore, there found no material in
support of such pleadings. The applicant claimed several interim reliefs
however, pleadings to justify those reliefs are totally missing from the
application. Some of the reliefs particularly protection order and return of
stridhan are of such nature, which are having effect of granting final
reliefs. In absence of these basic legal requirements no interim prayers
can be granted, as those may cause serious prejudice to the respondents.
About the maintenance also same analogy is applicable and no interim
relief of any maintenance can be granted.
15. So also as discussed above there is another reason noticed to refuse
grant of such maintenance. As stated above, the applicant filed on record
Affidavit of Assets and Liabilities, Exh.12. In the said affidavit applicant
herself stated that she is earning salary of Rs.52,000/- per month. It means
she can maintain herself on her own and in absence of specific pleadings
constituting reasons and necessity to grant maintenance, such relief also
can not be granted.
Conclusion -
16. The main respondent is also earning good income and capable to
make payment of maintenance. But as stated above and revealed from the
record no prima facie case of domestic violence made out. So also there
found no urgency pleaded by the applicant for grant of any urgent interim
reliefs. Therefore, I recorded my finding on both the points in the
negative. In view those findings applicant is not entitled to any relief,
hence, following order -
ORDER
a. The prayer for interim reliefs made by applicant vide Prayer Clause
I(14), in this application, is rejected.
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b. No order as to costs.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.07.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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