Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 12 DV 2023 Sulekha Vs Amar and ors.
CNR-MHMM18-000534-2023
ORDER BELOW EXH.8
1. Perused record. Heard both the sides.
2. By way of this application, applicant sought the relief under
Section 19 of Protection of Women from Domestic Violence Act, 2005,
hereinafter referred as D.V. Act, seeking direction against respondent to
allow the applicant and her children to reside in a house, where
respondent is residing, which is claimed to be shared household.
3. The relationship and other factors are not in dispute. Only disputed
fact is that, the house which claimed to be shared household by the
applicant is, as per respondents is not shared household. The documents
on record are not enough to draw the inference of shared household
though during subsistence of marriage applicant was residing in the said
house. Further, if applicant is permitted to reside there, there is also
possibility of aggravating the disputes. It is submitted by respondents that
they are ready to pay the accommodation allowance.
4. In such a situation I am of the opinion that rather than allowing
applicant to enter into the premises, it is in her interest that respondent
shall provide the house allowance, as per Section 19(f) of D.V. Act.
Accordingly, following order -
ORDER
The respondent is directed to pay the amount of Rs.6,000/- per
month to the applicant towards residence allowance from the month of
August 2023.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.08.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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