Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
Presented on : 28.01.2020
Registered on : 06.02.2020
Decided on : 18.05.2022
Duration : 2Y 3M 21D
IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
( Presided over by Pragati B. Yerlekar )
C.C.NO.24/DV/2020
Exh. 12
Pooja Arvind Pangam
Age : 36 years,
R/o. Mayaram Pandit Chawl,
Room no.1, Besant Road, Khotwadi,
Near Sidheshwar Ganesh Mandir,
Santacruz West, Mumbai400054 … Applicant.
Vs.
Arvind Ramesh Pangam
R/o. Parnakurtri CHS Ltd.,
Sai Baba Nagar, Shankerpawshe Road,
Kate Manvali, Kalyan East,
Dist Thane421306 … Respondent.
For the Applicant : Shashi Shukla
For the Respondent : Exparte
J U D G M E N T
( Delivered on 18052022 )
1. This is an application u/sec. 12 of Protection of Women
from Domestic Violence Act, 2005 (hereinafter referred as 'the DV Act').
2. It is the case of the applicant, that the respondent is her
MHMM18-000651-2020
-- 1 of 5 --
2
husband. The respondent neglected her and their child. He did not look
after the daily requirement of the applicant and the child who is a
special child. He mortgaged her jewelery without her consent. He used
to fight with her on petty issues. He compelled her to leave the
matrimonial house. He is having extra marital affair. On account of
harassment by him, she is constrained to file this application.
3. The respondent is duly served. However, he did not
appear.
4. Following points arise for determination. Findings on these
points are recorded against them for the reasons to follow :
Sr.No. POINTS FINDINGS
1 Whether the applicant is an aggrieved
person ?
Yes.
2
3
Whether the applicant is entitled for
maintenance ?
Whether the applicant is entitled for
rent ?
Yes.
Yes.
4 What order ? As per final
order
R E A S O N S
As to point No. 1 :
5. The applicant examined herself as AW1. She produced
birth certificate at Exh.09 and disability certificate of her child at
Exh.10 in support of her application.
6. The applicant has leveled various allegations against the
respondent regarding economic, emotional and physical abuse. Her
-- 2 of 5 --
3
version has remained unchallenged. It inspires confidence. Therefore,
there is no hurdle to accept it. From her evidence, it becomes clear that
she is subjected to domestic violence by the respondent. Therefore,
point no. 1 is answered in the affirmative.
As to point No. 2 & 3 :
7. The applicant is a victim of domestic violence. The
respondent has neglected to perform his duties towards the applicant
and the child. The child is a special child as can be seen from Exh.10.
He has special needs. The respondent is bound to shoulder his
responsibility. It is his legal as well as moral duty to maintain the
applicant and the child.
8. According to the applicant the respondent is in position to
provide maintenance. However, it does not become clear as to what is
the occupation of the respondent. In the affidavit she has mentioned
that he is doing job in garment company. However, in her application as
well as in written notes of argument it is mentioned that the respondent
is doing job as accountant. Thus, it is difficult to ascertain his
occupation. Be it so, it is apparent that the respondent is able bodied
person and earning well. He can cater to the needs of the applicant and
the child. Hence, it will be proper to direct him to pay Rs. 4000/ to the
applicant and Rs. 3000/ to the child towards monthly maintenance.
from the date of the application. Further, the applicant is residing at
the mercy of her parents. It is necessary to make arrangement for her
separate residence. Hence, it will be imperative to direct the respondent
to pay the applicant Rs. 2000/ per month towards rent to enable her to
avail separate accommodation. In the result point no.2 & 3 are
-- 3 of 5 --
4
answered accordingly.
As to point No.4 :
Thus, in view of findings of point No.1 to 3 the application
deserves to be allowed in part. In the result, following order is passed.
: O R D E R :
1. The application is partly allowed.
2. The respondent is directed to pay Rs. 4,000/ to the applicant and
Rs. 3,000/ to the child per month towards maintenance from the
date of filing of the application.
3. The respondent is directed to pay Rs. 2,000/ per month to the
applicant towards rent from the date of this order.
4. The respondent is directed to pay Rs. 7,000/ as costs to the
applicant towards expenses for the litigation.
5. The copy of this order be provided to the parties, protection
officer and the concerned police station free of costs.
( Judgment is pronounced in open court )
(Pragati B. Yerlekar)
Bandra, Mumbai. Metropolitan Magistrate,
Date : 18052022 71st Court, Bandra, Mumbai.
AAN
Dictated on : 18052022
Transcribed on : 18052022
Signed on : 18052022
-- 4 of 5 --
5
-- 5 of 5 --