Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-000804-2022 C. C. NO. 20/DV/2022
Lata V/s. Rahulkumar & Ors.
ORDER BELOW INTERIM APPLICATION DATED 09/02/2022
The applicant has filed the present application in this
proceeding under section 23 of the Protection of Woman from the
Domestic Violence Act, 2005 (here-in-after referred as, 'the PWDV Act') for
protection and maintenance order.
2. According to the applicant, the respondent No.1 is her
husband and their marriage took place on 31/12/2016, and they have one
son by name Krishiv, who born on 12/10/2017. The respondent No.2 is
mother-in-law and respondent No.3 is sister-in-law of the applicant. After
marriage the applicant had been to her matrimonial home. For initial
period respondents treated her nicely, thereafter, they changed their
behaviour towards applicant and respondent No.1 started to abuse the
applicant without any reason. The respondents No.2 and No.3 also abused
and harassed her on petty domestic issues and continuously passing
comments and taunting on the parents of applicant.
3. It is further contended that, the respondents treated her, as a
servant. The respondent No.1 did not take care of applicant during her
pregnancy. The respondent No.1 refused to accept the applicant and her
pregnancy. Her parents tried to intervene but the respondents did not pay
any heed. Applicant has filed the maintenance petition in Family Court,
Bandra, Mumbai. There was settlement between applicant and respondent
No.1.
4. It is further contended that, the applicant, as per settlement
for the period of June 2019 to August 2019 and 21/03/2020 to
16/04/2020 she had been to her matrimonial home with respondent No.1.
But the respondents demanded dowry of I.10,00,000/- and asked her
that, they will not allow her to stay in home unless she shall pay
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I.10,00,000/-. Thus, according to applicant she has been subjected the
domestic violence in the nature of verbal, physical as well as mental abuse
at the hands of respondents.
5. It is further contended that, now she and her son used to stay
with her parents. She has no means of maintenance. Respondent No.1 is
having business of Tours and Travels and having smart income to the tune
of I.1,50,000-/ p.m. Lastly, the applicant prayed that, respondent be
prohibited from committing any domestic violence and from alienating
assets including her gold and silver ornaments. The applicant also sought
relief fo maintenance to the tune of I.25,000/- against respondent No.1.
6. The respondent No.1 appeared and resisted the application by
filing say at (Exh.-4). The respondents admitted the domestic relations
with applicant but they denied that, they caused any kind of domestic
violence to applicant, as alleged. The respondents contended that, they
never treated the applicant, as a servant and never harassed and taunted
the applicant and her parents. It is further contended that, on 13/04/2020
the applicant without any reason left her matrimonial home with her
child. The respondents denied that, they have demanded the dowry, as
alleged. Lastly, respondents prayed that, application is false one therefore,
application be rejected.
7. The applicant in support of application filed on record Copy of
Marriage Certificate, Copy of Photographs, Copy of Visiting Card of
respondent No.1, Copy of Maintenance Petition filed before the Hon’ble
Family Court, Bandra, Mumbai. The applicant also filed on record her
affidavit of Asset and Liabilities,(Exh.-5).
8. The respondent No.1 in support of defence filed on record
Copy of Loan Statement, Copy of Consent Terms and Copy of Bank
Statement alongwith (Exh.-10). The respondent No.1 also filed on record
his affidavit of Asset and Liabilities,(Exh.-6).
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9. I have heard elaborated arguments of Ld. Advocate Shri.
Dubey for applicant and Ld. Advocate Shri. Jaiswal for respondents. I have
also considered the written notes of arguments filed by respondents,
which is at (Exh.-9).
10. Considering the rival pleadings 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
prima-
faciely that, she has been subjected
the domestic violence at the hands
of the respondents ? Yes.
2. Is applicant entitled for relief of
protection order, as prayed? Partly Yes.
3. Is applicant entitled for relief of
maintenance, as prayed? Yes.
4. What order? Application is
partly allowed.
REASONS
As to point No.1 :-
11. In order to get relief under section 23 of Domestic Violence
Act the applicant has to prove that, she has been subjected domestic
violence at the hands of respondents. It is to be noted that, the marriage
of applicant and relation with son Krishiv are admitted to the respondents.
The respondent came with defence that, the applicant without having
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sufficient reason left the company of respondent No.1. From the
documents on record it reveals that, the maintenance petition before the
Hon’ble Family Court, Bandra, Mumbai is pending for adjudication. It is
the contention of applicant that, the respondent No.1 without any reason
abused her and also harassed her. The respondent No.2 and No.3 caused
verbal abuse to applicant on the count of petty domestic issues. The said
allegations are denied by the respondents in their respective written reply.
12. Further, it is to be noted that, in maintenance proceeding
before Hon’ble Family Court, Bandra, Mumbai, the applicant and
respondent No.1 have filed the Consent Terms and applicant went with
respondent No.1 for cohabitation. Thereafter, the respondents demanded
dowry of I.10,00,000/- with applicant and respondents contended that,
the applicant without any reason left the company of the respondent No.1.
13. It is to be further noted that, since 2020 the applicant residing
separately from respondent No.1 with her son. The allegations regarding
domestic violence are denied by the respondents, but no positive defence
has been putforth by the respondents. Therefore, there is no reason to
disbelieve the version of the applicant. The applicant subjected the
domestic violence in the nature of verbal abuse. Therefore, I am of opinion
that, the applicant has proved the
prima-faciely case that, she has been
subjected the domestic violence at the hands of respondents. Hence, I
record my findings to the point No.1, as in the affirmative.
As to point No.2 :-
14. This issue is in respect of the protection order. The applicant
has sought relief restraining the respondents from committing the
domestic violence against the respondent. It is to be noted that, while
answering to point No.1, I have concluded that, applicant has been
subjected the domestic violence at the hands of respondents. The
applicant is having apprehension in her mind that, the respondent will
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cause her domestic violence in future also. Considering the allegations and
counter allegations, I am of in opinion that, in order to protect the interest
of applicant order for restraining the respondent No.1 from committing
any domestic violence can be passed.
15. So far as, the prohibition order in respect of property and the
gold ornaments sought by the applicant is concerned there are vague
pleadings in that respect. Even what kind of ornaments respondents have
not been pleaded nor she has referred any house property in her pleading.
Therefore, I am of opinion that, she has not entitled to relief, as sought.
Hence, I record my findings to point No.2 as in the partly affirmative.
As to point No.3 :-
16. This issue is in respect of the monetary relief in the nature of
maintenance. While concluding point No.1 I hold that, applicant is
subjected domestic violence at the hands of respondents. Now the
applicant is staying with her parents, at Mumbai. The respondents are
inhabitant of Navsari, Gujrat. According to applicant she is not having
source of income and maintenance and respondents is having business of
Tours and Travels and having smart income to the tune of I.1,50,000/-
p.m. The applicant in her affidavit of Assets and Liabilities (Exh.-5)
categorically contended the same.
17. The respondent come with the case that, the applicant is well
educated and doing job of teacher in one school and also getting income
from tuition. But no documentary evidence placed on record by the
respondents in order to substantiate their contention. Therefore, I hold
that, the applicant is having no source of income, she is having
responsibilities of her son also.
18. The respondent has filed on record copy of statement of
account, which shows that, income of respondent No.1 is certain. From the
statement of account for the period of 03/04/2023 to 29/04/2024, it
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appears that, near about I.2,00,000/- and more amount has been credited
to the accounts of respondent No.1, which has been maintained by Bank
of Baroda.
19. Further, the statement of loan issued by Axis bank shows that,
the loan amount of I.13,60,000/- has been disbursed to the respondent
No.1. It shows that, the respondent from his business of Tours and Travels
definite income. The respondent No.1 is husband of applicant and also
father of son Krishiv, he is having responsibility to maintain them. But
record does not shows that, he is maintaining them. The applicant is
having no source of income. Therefore, considering the basic needs of
applicant and her growing son and considering financial position of
respondent No.1 and his responsibility to maintain his old aged mother
also, I am of opinion that, applicant is entitled for monthly maintenance of
I.15,000/- p.m., as a monetary relief under section 20 of Domestic
Violence Act. Hence, I record my findings to the point No.3, as in
affirmative and proceed to pass following order.
ORDER
1 The application is partly allowed.
2 The respondent No.1 shall not cause any kind of domestic
violence to applicant till final decision of the proceeding.
3 The respondent No.1 shall pay R.15,000/- p.m. to
applicant, as a interim maintenance for applicant and her
son Krishiv, since the date of filing of the present
application.
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4 The respondent shall pay R.10,000/- as the cost of the
present application to the applicant.
5 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 20/08/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class) 71st Court, Bandra, Mumbai.
Dictated on :- 20/08/2024.
Transcribed on :- 20/08/2024.
Checked on :- 20/08/2024.
Signed on :- 20/08/2024.
SRD
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