Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No. MHMM18-000996-2022 C. C. NO. 30/DV/2022
Dimple V/s. Pradeep
ORDER BELOW APPLICATION EXH. 2
The applicant has filed the present application under section
23 of the Protection of The Woman from the Domestic Violence Act, 2005
(here-in-after referred as, 'the PWDV Act').
2. According to the applicant, the respondent No.1 is her
husband and respondent No.2 and No.3 are her in-laws. Her marriage
with respondent No.1 took place on 12/12/2016. After marriage the
applicant started to reside with respondent No.1, at her matrimonial
home, Vaishali Nagar, Jaipur. Her marriage with respondent No.1 is
arranged marriage. According to applicant, the respondents demanded
dowry of I.21,00,000/-, 150 Tolas Gold Ornaments and other articles in
the marriage and her father given the same to grand father of respondent
No.1 in presence of present respondents.
3. Initially few days of her marriage were normal. The applicant
and respondent No.1 had been to Andaman for honeymoon, but no
physical relations between them taken place due to adamant nature of
respondent No.1. It is contended that, she has been deprived her conjugal
rights by respondent No.1 and he has never maintained in a sexual
relations with her. Her in-laws had started subjecting her to teasing and
mental torture blaming her for lesser dowry and threatening her that, they
would insure her marriage with respondent No.1 would dissolved so that
they would solemnized his marriage with another girl and get more
dowry. It is contended that, the respondent No.1 abandon her in January
2018. They forcefully driven her out from matrimonial home and since
then she used to reside with her parents. It is contended that, she has been
brutally beaten by respondents.
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4. The respondent No.1 is officer in Indian Navy. The applicant
attempted to sort out the dispute between them by addressing the same to
senior Navy officers. It is contended that, the dowry of I.21,00,000/- and
the gold ornaments to the tune of 150 tolas is in the possession of the
respondents. The respondent No.1 drawing salary of I.1,50,000/- p.m.
Thus, according to the applicant she has been subjected the domestic
violence at the hands of respondents and therefore, she prayed that,
amount of I.50,000/- be granted, as maintenance from the respondent
No.1. She also sought relief that, respondent No.1 shall give her separate
residential accommodation and also sought relief regarding protection
order against the respondents.
5. The respondents by filing their say to the main petition and
reply to the interim application, at (Exh.-10) resisted the application. The
respondents denied that, they have caused any kind of domestic violence
to the applicant. According to the respondents applicant not come with the
clean hands and suppressed the material facts from the court, therefore,
she is not entitled to any relief, as sought. It is further contention of
respondent that, the present application is filed with sole intention to
harass the respondents. According to the respondents the applicant has
never fulfilled her marital obligations towards the respondrivdents. Due to
the harassment the respondent No.1 suffering from hypertension and due
to his absence on duty he lost his employment with Indian Navy since
August 2022.
6. It is further contended that, now he is jobless and he is
dependent upon the earnings of his father. The applicant is in service and
having salary about I.35,000/- p.m. Even the particulars of expenses given
by her are self contradictory. The applicant has filed the false criminal case
bearing No.6/SW/2022. Thus, according to the respondents they have not
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caused any domestic violence to the applicant. Therefore, the application
is deserved to be dismissed.
7. The applicant in support of her application filed on record the
Copies of photographs of marriage ceremony, Copy of WhatsApp
conversation, Copy of complaints made to the police, Copies of bank
statements etc. The applicant also filed on record her affidavit of Asset
and Liabilities, dated 03/04/2023 and also filed copies of Sale Deed.
8. The respondent has filed on record Copy of discharge letter
from service, Copy of ITR and Bank statements, Copies of medical
treatment given to him and also he has filed on record his affidavit of
Assets and Liabilities, at (Exh.-12).
9. I have heard elaborated arguments of Ld. Advocate Shri
Hemant Chawala for applicant and Ld. Advocate Shri. Sonawane for
respondents. I have also considered the written notes of arguments by
respondents, which is at (Exh.-27).
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? Affirmative.
2. Is applicant entitled for relief of
protection order, as prayed? Affirmative.
3. Is applicant entitled for relief of
maintenance, as prayed? Negative.
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4. Is applicant entitled for relief of
alternate accommodation, as
prayed? Negative.
5. What order? Application is
partly allowed.
REASONS
As to point No.1 :-
11. In order to get reliefs under section 23 of Domestic Violence
Act the applicant has to prove that, she has been subjected to domestic
violence at the hands of respondents. It is to be noted that, the marriage of
applicant is admitted to the respondents. The applicant and the
respondent residing separately since January 2018. The respondents came
with defence that, no domestic violence caused by them and this
application is filed only for their harassment.
12. It is to be noted that, the applicant in support of her claim
relied on the copies of complaints made by her to police. I have gone
through the copies complaints made by applicant to police station. It
appears that, the applicant has made the complaints about the assault
and abuses given by the respondents. It further appears that, since
18/01/2018 the applicant used to reside separately from respondent
No.1.
13. Ld. Advocate Shri Chawla for applicant submits that, the
respondent caused domestic violence in the nature of verbal abuse and
physical abuse on the count that, the parents of applicant has given less
dowry. The respondents caused the illtreatment to the applicant so that,
her marriage with respondent No.1 would dissolve and respondent No.1
would get marriage with another girl for more dowry. He further submits
that, the respondent No.1 is Navy officer and having smart salary to the
tune of I.1,50,000/- p.m. The respondent are also having possession of
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gold ornaments belonging to the applicant. The respondent has sold out
the flats and is having huge money with him. They are living lavish life
but the applicant used to reside with her parents. Therefore, she is
entitled to residential accommodation, as same level of respondents.
Lastly, he prayed that, application be allowed, as prayed.
14. Per contra, Ld. Advocate Shri Sonawane for respondents
submits that, the applicant has never performed her marital obligations.
Her behaviour with in-laws was abnormal. She harassed the respondents,
therefore, he is suffering from hypertension resulting he has been
removed from his job from Navy. The respondent No.1 is now jobless. He
is dependent upon earning of his father. The applicant is in service and
she is getting income of I.35,000/- p.m. The gold ornaments are safe in
bank locker and said fact is well within the knowledge of the applicant.
He further submits that, the financial position of applicant is better than
the respondent No.1 therefore, she cannot claim the maintenance.
15. It is to be noted that, in C.C. No.6/SW/2022 for the offences
under section 498 (A), 406 of Indian Penal Code against the respondents
filed by the applicant, the inquiry by police under section 202 of Code of
Criminal Procedure has been conducted, wherein the police have given
report in favour of the applicant. The court has issued the process under
section 498 (A), 406 of Indian Penal Code against the
respondents/accused in the said case. The allegations made in the said
case are identical to the present case. The copies of police complaints also
support to the version of the applicant.
16. The police report under section 202 of Code of Criminal
Procedure, clearly shows that, the respondents caused harassment and
cruelty to the applicant and process has been issued by the court. The
said very fact is sufficient to hold that, the applicant is subjected verbal as
well as physical abuse at the hands of respondent No.1. Therefore, I hold
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that, the applicant
prima-faciely proved that, she has been subjected the
domestic violence at the hands of respondents. Hence, I record my answer
to the point No.1, as in the affirmative.
As to point No.2 :-
17. This issue is in respect of the protection order. The applicant
has sought relief restraining the respondent No.1 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 respondent No.1. The
applicant is having apprehension in her mind that, the respondent No.1,
will 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 restraining the respondent No.1 from
committing any domestic violence in future can be passed. Hence, I record
my answer to point No.2, as in the affirmative only against respondent
No.1.
As to point No.3 :-
18. This issue is in respect of the monetary relief in the nature of
maintenance claimed by the applicant. According to the applicant since
separation the respondent has not provided any means of maintenance to
her. The respondent No.1 is officer at Navy and getting salary to the tune
of I.1,50,000/- p.m. It is to be noted that, the respondent No.1 in reply
contended that, he lost his job and now he is jobless and contended that,
applicant is in service and getting income to the tune of I.35,000/- p.m.
19. Therefore, in order to find out the true facts about the earning
of parties I would like to rely upon their affidavits of Assets and Liabilities.
The applicant is having service in Fairdeal Realtors Pvt. Ltd. as Senior
Executive and getting salary to the tune of I.35,000/- p.m. The applicant
also filed on record the payslip for the month of 2024 wherein she got
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salary to the tune of I.46,225/- from the affidavit of Assets and Liabilities
and salary slip of applicant it appears that, she is having source of income
from service in Fairdeal Realtors Pvt. Ltd.
20. Per contra, the affidavit of Assets and Liabilities of respondent
No.1 which is at (Exh.-12) shows that, now he is not in service of Indian
Navy and he has not shown any his source of income, but he contended
that, he is depend upon earnings of his father. Further, the respondent
No.1 has filed on record the copy of order regarding premature retirement
since 31/08/2022 the Competent Authority of Indian Navy has approved
premature retirement of the respondent No.1. Therefore, it appears that,
at present he is not in service of Indian Navy and currently unemployed
since September 2022. The applicant contended that, the respondent No.1
has sold his flat for a huge amount and he is having huge money,
therefore, it cannot be said that, he is not having source of income and not
able to maintain his wife. The applicant relied on the a copy of Sale Deed
wherein it appears that, the respondent No.1 on 04/11/2020 has sold out
the flat at Jaipur to one Chatrapalsingh Rathod for the amount of
I.38,00,000/- and more however the said transaction has been taken place
prior to the institution of the present proceeding and whether the
respondent is having sufficient money or not is matter of evidence.
21. Therefore at this stage it cannot be said that, the respondent
No.1 is having money but he failed to provide maintenance to the
applicant. The battle between the parties is going on since 2017. Unless
the evidence on record it cannot be held that, the respondent is in better
position financially than the applicant. Considering the financial positions
of applicant and respondent No.1 it appears that, the applicant financially
in better position than the respondent No.1 and she can maintain herself
from her own earnings. Therefore, I am of opinion that, no maintenance
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as prayed can be granted to the applicant. Hence, I record my answer to
the point No.3, as in negative.
As to point No.4 :-
22. The applicant has sought relief of separate residential
accommodation from respondent. According to the applicant since has
been dragged out from her matrimonial home she is residing with her
parents. It further contended that, the respondent is leading his lavish life,
therefore, same level separate residential accommodation is required by
her. It is to be noted that, at this stage it cannot be said that, applicant is
totally shelterless. Hence, no order in respect of separate residential
accommodation can be passed in favour of applicant, as prayed.
Considering all above aspects, I record my answer to the point No.4 as in
the negative 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.10,000/- as the cost of
the present application to the applicant.
4 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 18/03/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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Dictated on :- 18/03/2025.
Transcribed on :- 18/03/2025.
Checked on :- 18/03/2025.
Signed on :- 18/03/2025.
SRD
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