Interim Order 2

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 7 DV 2020 Nisha Vs Vipul and ors.
CNR MHMM18-000616-2020
ORDER BELOW EXH.3
1. Perused record. 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. As per applicant, the Respondent No.1, Vipul Natwarlal Jethwa,
hereinafter referred as main respondent, is her husband. Out of the said
marital tie, a daughter Miss Shanaya Vipul Jethwa, born. Her marriage is
love-cum-arrange marriage. All the marriage expenses were born by her
parents. After its solemnization on 11.06.2015, applicant had been to the
house of respondents. They caused her various acts of domestic violence
as narrated in this application. The main respondent is also having illicit
relations. Therefore, all the acts caused by the respondents she has been
compelled to leave the matrimonial house. Applicant has no means of
income and any other place to live with her daughter. Respondents made
no arrangement for their livelihood. Therefore, she approached this court
under Section 12 of D. V. Act and filed this application in the main
application claiming various interim reliefs.
3. The respondents vide their say Exh.7, denied all the adverse
allegations. They admitted the relationship with applicant and daughter.
The summary of their defence is that after marriage applicant had been to
their house, but she had left the matrimonial house on her own for no fault
on their part. Rather she caused various acts of ill-treatment to them. She
herself is earning income and she is no need of maintenance. All the
allegations are false. Therefore, application shall be rejected.
4. Considering adverse pleadings 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
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C. C. No. 7 DV 2020 Nisha Vs Vipul and ors.
CNR MHMM18-000616-2020
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 ? ….Application 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. The applicant in addition to it filed on
record certain documents particularly copies of First Information Report
and other proceedings. Respondents in reply to it also filed on record his
affidavit only.
6. From the record it is clear that relationship and separation is
admitted. The daughter of the parties is also residing with the applicant. It
is also admitted that during this tenure respondent has made no
arrangement for their livelihood. It can be said as economic violence on
the part of main respondent. Besides the fact that regarding other
allegations except denials there is nothing on record from which it can be
inferred that the version of applicant can be disbelieved. Therefore, I
recorded my findings on Point Nos.1 and 2, in the affirmative.
7. So far as reliefs are concerned the applicant pleaded that she has no
means of income to survive herself and her daughter. This fact is disputed
by the respondents claiming that applicant is working as teacher and able
to earn livelihood. However, no concrete evidence produced by
respondents. Even if it is presumed that she is earning something, that
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C. C. No. 7 DV 2020 Nisha Vs Vipul and ors.
CNR MHMM18-000616-2020
does not mean that she is able to earning her livelihood. It is so because
during this long span of time of separation, admittedly respondent has not
made any arrangement for earning livelihood of applicant and her
daughter. In such a situation it is not expected that applicant shall wait for
mercy of the respondent for her day to day requirements. The
compulsions enforced by respondents compelled her to do work. The
applicant also filed her affidavit for declaration of Assets and Liabilities.
At this stage it is noticed that the affidavit filed by is not sworn. So
also Ld. Advocate for the respondent submitted that the signature is not of
the applicant. Applicant is directed to file proper affidavit of Assets and
Liabilities and matter adjourned for remaining part of the order.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 08.02.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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C. C. No. 7 DV 2020 Nisha Vs Vipul and ors.
CNR MHMM18-000616-2020
FURTHER ORDER BELOW EXH.3
8. In pursuance of the observations made by this court, in order dated
08.02.2024, the applicant filed her affidavit i.e. sworn statement of Assets
and Liabilities, Exh.11, wherein she deposed that she earns Rs.10,000/-
from tuition and respondent earns Rs.1,50,000/- per month from his
tailoring shop. However, respondent mentioned that he is ready to bear
half of the educational expenses of child and earning Rs.5,000/- to
Rs.6,000/- per month from the tailoring shop. Thus, respondent admitted
the fact of earning from tailoring though disputed the amount of earning.
Further, it is also admitted that applicant is not residing with the
respondent, as such protection order can not be granted. However,
maintenance and other reliefs needs to be granted. Merely because
applicant is earning something she can not be deprived of the reliefs, and
that too, where it is came on record that during her separation the
respondent made no arrangement for the expenses of applicant and her
child. The applicant is bound to survive and prevent vagrancy and it is not
expected that she should wait for the mercy of respondent. Considering
the status of the parties and evidence came on record at this stage, I am of
the opinion that following order will serve the cause of justice -
ORDER
a. The application is partly allowed.
b. The respondent Mr. Vipul Natwarlal Jethwa, is herewith directed to
pay Rs.3,000/- (Rupees Three Thousand Only) per month to the applicant,
Mrs. Nisha Vipul Jethwa, and Rs.2,000/-(Rupees Two Thousand Only)
per month to their child, i.e. Miss Shanaya Vipul Jethwa, from the date of
filing of application till the month of December 2024, as past interim
maintenance.
c. The respondent Mr. Vipul Natwarlal Jethwa, is herewith directed to
pay the interim maintenance of Rs.7,000/-(Rupees Five Thousand) per
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C. C. No. 7 DV 2020 Nisha Vs Vipul and ors.
CNR MHMM18-000616-2020
month to the applicant, Mrs. Nisha Vipul Jethwa, and Rs.2,000/- (Rupees
Two Thousand) per month to their child, i.e. Miss Shanaya Vipul Jethwa,
from January 2025, till the decision of the main application towards
maintenance and education expenses of the child, 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. Vipul Natwarlal Jethwa, is also directed to pay
Rs.3,000/- (Rupees Three Thousand only) towards house rent.
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 and if Respondent failed to comply the order the applicant is
directed to file separate application bearing separate number for recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.11.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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