Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. NO.38/DV/2020
Vaishali V/s. Manali.
ORDER BELOW INTERIM APPLICATION EXH.4
The applicant is mother-in-law of the respondent has filed the
present application under section 23 of the Protection of Woman from
Domestic Violence Act, 2005 (in short D. V. Act), for interim relief i.e. for
compensation, protection order and residence order in respect of the
property i.e. HEDF E/113/7/9,Gupta Chawl, Hanuman Tekdi, Gate No.2,
Hanuman Mandir, Santacruz (E), Mumbai, (here-in-after referred as the
house property).
2. According to the applicant the respondent is her daughter-in-
law. The respondent and her parents have harassed mentally and
physically to the applicant. The applicant is victim of emotional violence at
the hands of the respondent. The respondent treated her inhuman manner.
On 06/11/2019, in absence of applicant and her son, the respondent came
in the house property and broken the lock of the house and entered in the
house property. The house property is in the name of the husband of the
applicant. The respondent never reside in the house property. She is
permanently residing at her parents house. The respondent has put her
own lock to the house property and did not allow the applicant to enter in
the house property.
3. It is contended that, the respondent is trying to alienate the
house property. If the respondent succeeded in alienating the house
property then applicant would suffer hardship. The applicant has made
complaint to police against the respondent but no action has been taken
place against the respondent. Therefore, she constrained to file present
proceeding against respondent. Thus, applicant has been subjected the
domestic violence at the hands of the respondent. Lastly, the applicant
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prayed that, the application be allowed and the respondent be directed to
evict from the house property. It is further prayed that, the respondent or
anybody claiming under her shall not cause obstruction to enter the
applicant in the house property. The applicant also sought relief that, the
respondent be restrained from transferring the house property in any
manner and also sought interim compensation of I10,000/- p.m., as she
has been deprived from enjoying her rights title interest in the house
property.
4. The respondent appeared in the matter. But did not file her
say to the present application. Therefore, the application is proceeded
without say of the respondent.
5. I have heard elaborated argument of Ld. Advocate Shri
Sinchan Bhuva for the applicant. The applicant in support of her claim
filed on record marriage certificate of the respondent, various complaints
against the respondent filed by her with police, affidavit of assets and
liabilities.
6. The respondent did not file her reply nor she has filed any
document in support of her defence.
7. The applicant is mother-in-law of the respondent. According to
her she treated her and her son inhuman manner. The respondent never
looked towards the family of applicant. It is contended that, the applicant
has been subjected domestic violence in the nature of verbal abuse and
emotional abuse at the hands of respondent. Further, on 06/11/2019, the
respondent behind the back of the applicant and other family members
broken the lock of the house property and taken possession of the same.
The respondent did not allow the applicant to enter in the house property.
It is to be noted that, the above contention of applicant has not been
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challenged by the respondent by filing her say. Therefore, there is no
reason to disbelieve the version of the applicant.
8. The applicant placed on record copies of documents regarding
the house property, which shows that, the house property is belongs to
Dattatram Raghunath Lanjekar, who is husband of the applicant and
father-in-law of the respondent. The said documents has not been
challenged by the respondent. So far as, the copies of police complaint
filed on record shows that, applicant’s son by name Manoj Dattatram
Lanjekar, has filed the complaint dated 10/06/2015 against the
respondent. On 23/08/2019 also Manoj Dattatram Lanjekar has filed the
complaint to police. Further, the applicant has filed the complaint against
the respondent in police station – Vakola dated 09/10/2019 and same
complaint has been registered, as non cognizable case. Therefore,these
documents shows that, the applicant has been subjected domestic violence
in the nature of verbal and emotional abuse at the hands of respondent.
Considering all above aspects of the matter, I hold that, the applicant has
proved prima-faciely that she has been subjected the domestic violence at
the hands of the respondent.
9. According to the applicant the respondent has taken forceful
possession of the house property, which prima-faciely belongs to husband
of the applicant. Therefore, in order to protect the interest of the applicant,
I am of the opinion that, certain orders needs to be passed in favour of the
applicant regarding the house property.
10. The applicant has sought evection order against the
respondent. But the house property is shared household of the respondent.
Therefore, at present no interim order of evection can be passed against
the respondent. Even, order prohibiting the respondent that, she shall not
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prohibit the applicant from entering into the house property cannot be
passed, because the said house property is alleged to be in the possession
of the respondent, since 06/11/2019 and no explanation has been given
by the applicant how she can remain shelterless till filing the applicant
since 25/02/2020. Therefore, without formal proof of the fact that, the
respondent did not allow the applicant to enter in the house property, no
interim order can be passed in that regard.
11. It is apprehension in the mind of applicant that, the
respondent will let out or transfer the house property is concerned, I am
of opinion that, the house property belongs to Dattatram Lanjekar, who is
husband of applicant. Therefore, certainly she has right and interest in the
house property and if the respondent succeeded to transfer the house
property then applicant will suffer irreparable loss, which cannot be
compensated in terms of money, therefore, prohibition order to that effect
can be granted against the respondent. Further, what loss has been
suffered by the applicant due to the domestic violence at the hands of the
respondent is not came on record. Even no documentary evidence to that
effect has been placed on record. In such circumstances no interim
compensation, as sought can be granted against the respondent.
Considering all above aspects, I proceed to pass following order.
ORDER
1 The application is partly allowed.
2 The respondent shall not transfer the house property i.e.
HEDF E/113/7/9, Gupta Chawl, Hanuman Tekdi, Gate
No.2, Hanuman Mandir, Santacruz (E), Mumbai-
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400055, in any manner, till final decision of the
proceeding.
3 The respondent shall pay R.2,000/-, as a cost of
application to the applicant.
4 The prayer regarding eviction, restraining the respondent
from disallowing applicant to enter in the house property
and interim compensation are hereby rejected.
5 Copy of order be given free of cost to both the parties.
Mumbai.
Date : 21/10/2023.
SRD.
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on :- 21/10/2023.
Transcribed on :- 21/10/2023.
Checked on :- 21/10/2023.
Signed on :- 21/10/2023.
SRD
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