Interim Order 2

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 33 DV 2020 Sara Vs Ali Mohd. and ors.
CNR No.MHMM18-000843-2020
FURTHER ORDER BELOW EXH.1
(On Interim Reliefs)
1. The main application, running into several pages, containing
detailed narration of alleged acts of domestic violence, is filed under
Section 12 of Protection of Women from Domestic Violence Act, 2005,
(hereinafter as D. V. Act). Vide prayer clause, Paragraph No.88-F, the
applicant also sought various interim reliefs, in terms of prayer clauses,
Paragraph Nos.88-A to 88-E, stating that this court be please to grant
interim and ad-interim relief of prayers clause A to E, under section 23 of
the Act.
2. The respondent filed his say vide Exh.7. Further, in reply to this,
the applicant filed additional rejoinder, Exh.11.
3. Heard both the sides at length. Submissions of both the parties are
in tune with their respective contentions.
4. The summary of the contents of the main application is that the
applicant and Respondent No.1, belonged to affluent families. The
applicant was living in Dubai with her parents and came to Mumbai, in
the month of March 2011. At that time the parents of respondent proposed
her for marriage with their son i.e. Respondent No.1, Ali Mohd. Reza.
The said marriage was solemnized on 22.04.2011, at Mumbai, and
followed by reception on 24.04.2011.
5. The said marriage proposal was entered into on account of picture
presented by respondents and promised that applicant will be allowed to
work after marriage. Later on applicant noticed that respondents were
avoiding to avail her any job. At the very beginning of the marriage i.e.
during honeymoon and during a period returning from there applicant
noticed that the main respondent is a chain smoker and also addicted to
liquor and drugs. Respondents are in profession of running restaurants at
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elite places under company named as Reza Enterprises, earning huge
income from it. Main respondent is coming late night to home and
avoiding her company. Under the influence of liquor and other drugs
respondent committed various acts of emotional, economical and physical
violence. Other respondents also not paid any attention towards her
grievances saying such behaviour is normal in young age and it will later
settle down.
6. Two children named as Eva and Esa born out of said wedlock in the
year 2014 and 2018, respectively. After their birth also such treatment
continued. Applicant repeatedly made grievances about the behaviour of
the main respondent with Respondent Nos.2 and 3, but they avoided to do
anything positive. Applicant shifted to her parent's house at Bandra,
Mumbai, with both the children. But behaviour of the main respondent
continued to the harassing and unwarranted. Repeatedly complaints were
made to police, but no purpose served. Applicant was compelled to left
her job.
7. Respondents were having several landed properties and business
premises at various placed and earning huge income. But respondents
provided nothing for earning livelihood of the applicant and her children.
Therefore, she compelled to file this application and sought interim reliefs
in it.
8. Respondents vide their say, Exh.7, denied all the adverse
allegations. The summary of their contentions is that they never did any
act as alleged by applicant constituting domestic violence. They allowed
the applicant to live free and independent working life as she wants
instead of married life. They never forced her or even told her to do any
household chores. Despite providing lavish lifestyle and everything
available in her hand, applicant was not happy and wanted to fulfill her
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unwanted desires as she was doing at Dubai, before marriage. The
application is filed with intention to grab money as she wants to go Dubai
to lead lavish lifestyle without any burden of responsibility. From the year
2014 to 2018, they were living in a rented house. After conceiving second
child applicant left to her mother's house. Respondent taken care of all her
needs including medical expenses during this whole span of time. He has
also taken care of his children, but now applicant is not allowing the
respondent to enter in the house and see children.
9. In rejoinder, Exh.11, applicant denied the respondents defence
version and right to maintain her pleadings, calling proofs from the
respondents.
10. Submissions of both the parties are in tune with their respective
contentions. There is no need of repetition. Considering rival pleadings
and submissions following points arrived for my determination. I
recorded my findings on each of them, as follows, for the reasons
discussed below -
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 interim reliefs, as
prayed for ? ..Partly entitled.
3. What order ? ..Appln. is partly allowed
R E A S O N S
11. The application, Exh.1, is in detail and the facts narrated reflects
that applicant pleaded all the incidences occurred from very beginning of
the marriage. The conduct of the respondents, the avoidance to pay
attention towards her, avoidance of payment of her expenses and
children's needs are clearly pleaded. Those facts pleaded are supported by
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affidavit and various documents. Against it the respondents in their say,
though denied adverse allegations, but not denied majority of the
instances lead to confrontation amongst them. Rather, they put forth their
version, but not produced anything concrete which will support their
stance or atleast leading to inference that the version of the applicant is
unreliable.
12. In addition to it respondents admitted certain other important facts.
Some of them are, non arrangement of expenses for earning livelihood of
applicant and children. Separation of applicant from shared household
and her residence at her mother's house. Non-availability of resources to
the applicant and children to earning livelihood.
13. The tenor of the reply of respondents is such that it suggests that
applicant herself left matrimonial house with intention to lead free
independent life as per her own whims, as she was allegedly living before
marriage at Dubai. This tenor rather supports the applicant's version and it
appears that there is substance in pleadings of applicant.
14. Collectively these aspects leads to inference that respondents
admitted major aspects of pleadings of applicant and as such applicant
succeeded in making out prima facie case of domestic violence against
respondents.
15. So far as reliefs are concerned, it is admitted that applicant and
children residing separately. Applicant has no means of income. She has
no separate house. No arrangement made either for survival of applicant
and children or their education. Assets and Liabilities Affidavit filed by
her also reflects that she is earning some income, but it is not enough to
lead day to day life with dignity and as per her lifestyle, in the society
from which applicant and her children belonged. Rather, respondents
having various resources from their hotel and other businesses. They are
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leading a wealthy life, though applicant and her children are in distress
and in need of money and shelter. As such monitory reliefs of
maintenance and other expenses needs to be granted.
16. Regarding residence order, admittedly applicant and her children
residing separately from matrimonial house with the parents of applicant.
It is also informed that they are now shifted to Dubai and rather than
residence order, house rent needs to be granted. For the same reasons
there is no need of any interim protection order.
17. Both the parties belonged higher economic strata. The order needs
to be passed in tune with their social status and day to day necessities.
Accordingly, in view of findings recorded on Point No.1, and for these
reasons I recorded my finding on Point No.2, as partly proved. I am of the
opinion that following order will serve the cause of justice. Hence, order -
ORDER
a. The application is partly allowed.
b. The respondent Mr. Ali Mohammed Reza Paknejad, is herewith
directed to pay Rs.75,000/- (Rupees Seventy Five Thousand Only) per
month to the applicant and Rs.25,000/- (Rupees Twenty Five Thousand
only), per month to each of the children i.e. total amount of Rs.1,25,000/-
(Rs. One Lac Twenty Five Thousand only) per month, from the month of
filing of the application till the decision of the main application towards
interim maintenance and their education expenses, till the decision of the
main application.
c. The applicant is also entitled to annual increase of 5% of the total
amount, of Rs.1,25,000/- from the month of August 2023, so that
applicant shall not be compelled to knock the doors of court again and
again for enhancement of the maintenance amount.
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d. The respondent Mr. Ali Mohammed Reza Paknejad, is also directed
to pay Rs.25,000/- (Rupees Twenty Five Thousand only) per month to the
applicant towards house rent from the month of July 2022, till the
decision of the main application.
e. The prayer for other interim reliefs is rejected.
f. If Respondent Ali Mohammed Reza Paknejad, failed to comply the
above order, the applicant is directed to file separate application bearing
separate registration number for its enforcement apart from the present
application for main reliefs, which will be decided separately on merits.
MUMBAI (KOMALSING RAJPUT)
DATE – 13.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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