Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. NO. 16/DV/2021
Bindu V/s. Raju.
ORDER BELOW APPLICATION FOR INTERIM RELIEF (Exh.-1)
The applicant has filed the present application under section
12 of the Protection of Woman from the Domestic Violence Act, 2005
(here-in-after referred as, 'the PWDV Act') for maintenance order and
residence order. According to the applicant, she is legally wedded wife of
respondent No.1 Raju and their marriage took place on 04/02/2013. All
the expenses of her marriage have been incurred by mother of the
applicant. Gift articles also given in the marriage of which the list is filed
alongwith ‘C’. After marriage she has been went at her matrimonial home
at C-728, Plot No. 181 (Pt.) C Wing, Kalpataru Co. Operative Housing
Society Ltd. Sant Rohidas Marg, Babu Jagjivanram Nagar, Dharavi,
Mumbai (E). Initially few days the behavior of the respondents were good.
However, thereafter, her in-laws started harassing her on some or other
pretext. The respondent started taunted the applicant that, her mother has
not given any amount of dowry in the marriage. It is contended that, the
respondent No.1 and the respondent No.2 also used to abuse the applicant
in filthy language. Respondents also told her to bring I5,00,000/- from her
mother.
2. Further it is contended that, the applicant and respondent
No.1 got medical examination for child, wherein it is transpired that, there
is some defects in respondent No.1. The Doctor has provided some
medicine to the respondent No.1 but respondent No.1 did not consume
the same. It is contended that, respondents harassed the applicant by
saying that, she is unable to conceive the child. In the month of April 2020
the respondent No.1 came in drunken condition and beaten the applicant
and also abused her in filthy language. Therefore, report to that effect has
been made by her to Dharavi police station. However, again the
-- 1 of 7 --
~2~
C. C. NO. 16/DV/2021 ORDER BELOW EXH.-1
respondent No.1 abused the applicant/ informant and beaten her of which
she reported to police and police have registered N.C. offence bearing
No.1081/2020. It is contended that, on 03/06/2020 her brother and
mother came to take her at her maternal home, at that time, the
respondents abused them in filthy language and told that the respondent
No.1 wants divorce. Therefore, they did not send the applicant again in
matrimonial home. The applicant also issued notice through her Ld.
Advocate and requested the respondent to fetch her but the respondent
did not pay any heed. It is contended that, she has been subjected the
domestic violence at the hands of respondents. She is unable to maintain
herself.
3. Per contra, the respondent No.1 is having garment business at
Sion, Dharavi and getting smart income to the tune of I1,50,000/- p.m. It
is further contended that, she has filed the case under section 498 (A) etc.
of I.P.C. which is registered by Vakola police station F.I.R. bearing No.
475/2020. Lastly, the applicant prayed that, application be allowed and
respondents be restrained from causing any kind of domestic violence till
final decision of proceeding and maintenance to the tune of I50,000/-
p.m. and also sought relief of residence order.
4. Respondents have resisted the application by filing their say at
(Exh.-8) and denied all the contention of applicant in toto. The respondent
admitted the relationship with the applicant. It is denied by the
respondent that, they have caused any kind of domestic violence to
applicant, as alleged. According to respondents the applicant is engaged
in her family business at her parental home and earning smart income
p.m. The applicant wants to live luxurious life therefore, she voluntarily
left matrimonial home. It is contended that, the respondent No.1 is having
small business on rental premises and said fact is very much to the
-- 2 of 7 --
~3~
C. C. NO. 16/DV/2021 ORDER BELOW EXH.-1
knowledge of the applicant. The applicant did not cook food for
respondent nor cared to his needs and neither cared for his old parents
nor cared for their needs. The applicant voluntarily left the company of
respondent No.1 without any just and reasonable cause. Therefore, she is
not entitled to any relief, as sought. It is lastly contended that, the
respondent is earing I30,000 to I32,000/- p.m. he is having responsibility
of his old aged parents, therefore, he is not able to pay maintenance, as
prayed. Hence, lastly prayed that, application be rejected.
5. The applicant filed her affidavit of Assets and Liabilities at
(Exh.-5). Whereas, the respondent has filed his affidavit of Assets and
Liabilities at (Exh.-10). The applicant in support of her contention relied
on the various documents those are photographs of marriage certificate,
copy of medical prescription, copy of N.C. offence, copy of notice, copy of
complaints, copy of F.I.R.
6. I have heard Ld. Advocate Shri Gupta for the applicant and Ld.
Advocate Shri Mishra for respondents.
7. Considering the rival contentions of both parties following
points are arises for my determination. I have recorded my findings
thereon for the reasons, as under :-
Sr.
No. Points Findings
1. Does the applicant proved that, she
has been subjected the domestic
violence at the hands of
respondents ? Yes.
2. Is applicant entitled for relief of
protection order, as prayed ? Yes.
-- 3 of 7 --
~4~
C. C. NO. 16/DV/2021 ORDER BELOW EXH.-1
3. Is applicant entitled for monetary
relief, as prayed?
Yes.
4. Is applicant entitled for residence
order, as prayed?
No.
5. What order? Application is
partly allowed.
REASONS
As to point No.1
8. It is to be noted that, the matrimonial relationship between
the applicant and respondents is admitted to each other. The marriage of
the applicant with respondent No.1 has been taken place on 04/02/2013.
It is contention of the applicant that, the respondent caused her domestic
violence, as her mother is not fulfilled their dowry demand. In support of
her contention she relied on report of N. C. Offence and the copy of F.I.R.
N. C. Offence registered No.1081/2020, which shows that, the applicant
has filed the complaint with police that, respondent No.1 has beaten her
by night and also threatened her. Further, copy of N. C. report
No.1092/2020, shows that, on 17/04/2020, at around 04.00 p.m. the
respondent No.1 and other respondents have beaten the informant/
applicant. They have also threatened the applicant on the ground that, the
applicant has filed the complaint to police. Now F.I.R. bearing
No.4075/2020 registered with Vakola police station shows that,
respondents have beaten the applicant, as her mother did not fulfill the
dowry.
-- 4 of 7 --
~5~
C. C. NO. 16/DV/2021 ORDER BELOW EXH.-1
9. Per contra, it is contended by the respondent that, the
applicant wants to live luxurious life and she did not like company of
respondents, therefore, she voluntarily left her matrimonial home.
However, in this regard, no documents have been placed on record. Per
contra, copies of N. C. offence and F.I.R. itself shows that, the applicant
has been subjected physical and emotional abuses at the hands of
respondents. Therefore, I held that, prima-faciely applicant proved that,
she has been subjected domestic violence at the hands of respondents.
Hence, I record my findings to the point No.1 in the affirmative.
As to point No.2.
10. This point is in respect of protection order. As I have already
concluded, while answering point No.1 that, the applicant has proved
prima-faciely that, she has been subjected domestic violence at the hands
of respondents. It is to be noted that, from the N. C. offence report and the
F.I.R. it has specifically come on record that, the respondent No.1 abused
the applicant and also assaulted her. Therefore, in order to protect the
rights and interest of the applicant, I am in opinion that, the interim order
regarding protection can be passed. Hence, I record my finding to point
No.2 in the partly affirmative only against respondent No.1.
As to point No.3.
11. This issue is in respect of monetary relief. The applicant and
the respondent No.1 both have relied upon their respective affidavits of
Assets and Liabilities. It is contention of applicant that, she is not having
means of maintenance. But it is contention of respondent No.1 that, she is
looking buseinss of her parental home and getting smart income.
However, the respondent has not filed any documents to that effect. The
applicant in her application contended that, respondents income is about
I1,50,000/- p.m. from his garment business. However, no any documents
-- 5 of 7 --
~6~
C. C. NO. 16/DV/2021 ORDER BELOW EXH.-1
have been placed on record. The respondent has
not placed on record any
bank statement to rely upon the contention made in the defence. I would
like to state here that, in reply the respondent No.1 itself contended that,
he is running garment business and getting income tot he tune of
I30,000/- to I32,000/-. He also contended that, he is having the
responsibility of his old aged parents. I further would like to state here
that, the applicant subjected domestic violence at the hands of
respondents and she is not having any means of maintenance. Therefore,
being husband the respondent No.1 is under obligation to maintain his
wife i.e. applicant. Therefore, considering basic needs of the applicant,
living status of both parties, the responsibility of respondent No.1 and his
earnings, I am in opinion that, and also by taking into consideration the
hiking prices of essential commodities amount of I8,000/- p.m. is
sufficient as a maintenance, as per the provision of monetary relief under
the Domestic Violence Act. Hence, I record my findings to point No.3 as in
affirmative.
As to point No.4.
12. The applicant is also sought relief of residence order. It is to
be noted that, since separation she is residing at her parental home.
Therefore, at present it cannot be said that, she is shelterless. Therefore,
at present, I am in opinion that, it is not just and proper to grant any relief
regarding residence order in favour of applicant. Hence, I record my
findings to issue No.4 in negative and proceed to pass following order.
-- 6 of 7 --
~7~
C. C. NO. 16/DV/2021 ORDER BELOW EXH.-1
ORDER
1 The application is partly allowed.
2 The respondent No.1 shall not cause any domestic
violence to applicant till final decision of the present
proceeding.
3 The respondent No.1 shall pay R.8,000/- p.m. to the
applicant, as a interim maintenance from date of filing of
the present application.
3 The respondent No.1 shall pay the cost of R.5,000/- of the
present application to the applicant.
4 Copy of this order be supplied free of cost to both the
parties.
Mumbai.
Date : 05/03/2024.
SRD.
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on :- 05/03/2024.
Transcribed on :- 06/03/2024.
Checked on :- 30/03/2024.
Signed on :- 30/03/2024.
SRD
-- 7 of 7 --