Final Order 1

Order Details: Copy of Judgment
Pdf Text: C. C. No. 60 DV 2020 Gulshan and ors. Vs Hussain
CNR No.MHMM18-001580-2020
Judgment, Exh.8
Received on – 17.03.2020
Registered on – 21.03.2020
Decided on – 31.01.2024
Duration – 03 Ys. 10 Ms. 14 Ds.
Exh.8
IN THE COURT OF METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI
(Presided over by Komalsing Rajput)
C. C. No.60/DV/2020
1. Mrs. Gulshan Aara Hussain Alam
Shaikh (Nee name : D/o. Shaikh Yaseen)
Age – 45 yrs., Occu.- Temporary Job,
2. Miss. Nafeesa Naz Choudhari,
Age – 19 yrs., Occu.- Student, APPLICANTS
Both R/o. Dr. Babasaheb Ambedkar
Shatabdi Nagar, Sion Dharavi Link Road,
Mumbai.
Vs.
Mr. Hussain Alam Shaikh,
Age – 61 yrs., Occu.- Business, RESPONDENT
R/o. Room No.155, Bharat Chawl,
Dambar Company, Mukund Nagar,
Dharavi, Mumbai.
Advocates for the Parties –
For Applicants - Mr. Gulam Abid, Advocate
For Respondent - Ex-parte
JUDGMENT
(Delivered on 31st January, 2024) Page - 1/6
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C. C. No. 60 DV 2020 Gulshan and ors. Vs Hussain
CNR No.MHMM18-001580-2020
Judgment, Exh.8
1. The present application is filed under Section 12 of Protection of
Women from Domestic Violence Act, (hereinafter referred as D. V. Act
for the sake of brevity), seeking various reliefs.
2. The brief contents of the application are, as -
Mrs. Gulshan Aara Hussain Alam Shaikh, hereinafter referred as
applicant, solemnized her first marriage with deceased Mr. Noorul Anwar
Choudhari. Out of the said marriage she delivered a daughter, i.e.
Applicant No.2, Miss Nafisa Naz Choudhari. They are original residents
of Kolkota. Mr. Noorul, died in the year 2018. Then they shifted to
Mumbai. Applicant is holding post graduation in History, and for earning
livelihood started job and residing in the rented house.
Then she registered her name at website for remarriage. The
respondent contacted her and represented her as bachelor, 47 years of age
and having a shop at Dombivali, Thane. He assured of her providing
decent life style and maintaining her daughter as well.
After marriage applicant came to know that respondent is of
advanced age, already married and having seven children from it. He is
not having any shop and earning his livelihood by vending bags on road
side. He is not providing anything to both the applicants for earning
livelihood. He started abusing them and caused physical violence. He
made wild allegations against applicant and demanded money. Initially,
some amount was paid but later on when expressed inability to pay any
amount, he started harassing. Respondent is doing nothing. He was
humiliating and insulting the applicants and threatened to exploit the
Applicant No.2, if they had not left his company. Therefore, she left
respondent’s company. Both the applicants then approached police. But
no action taken. Then she filed present application and sought various
reliefs.
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C. C. No. 60 DV 2020 Gulshan and ors. Vs Hussain
CNR No.MHMM18-001580-2020
Judgment, Exh.8
3. Respondent Hussain Alam Shaikh, failed to appear despite service
of notice. Therefore, matter was proceeded ex-parte against him.
4. In support of her claim applicant examined herself vide her
evidence affidavit, Exh.6. Respondent neither cross examined her nor filed
any evidence.
5. Considering pleadings, evidence on record and other facts and
circumstances I framed following points for my determination and
recorded my findings on each of them as follows for the reasons discussed
below -
Sr. No. POINTS FINDINGS
1. Does it prove that the respondent committed
domestic violence against applicant? .....In the affirmative.
2. Does the applicant entitled to the reliefs as
prayed for? ….Partly proved.
3. What order? …..Appli. is partly allowed.
REASONS
AS TO POINTS NOS.1 AND 2 – Domestic violence and reliefs
6. The applicant A.W.1, Gulshan Aara Hussain Alam Shaikh, vide
her evidence affidavit, Exh.6, deposed that she solemnized her first
marriage with deceased Mr. Noorul Anwar Choudhari. Out of the said
marriage she delivered a daughter, i.e. Applicant No.2, Miss Nafisa Naz
Choudhari. They are original residents of Kolkota. Mr. Noorul, died in
the year 2018. Then they shifted to Mumbai. Applicant is holding post
graduation in History, and for earning livelihood started job and residing
in the rented house. Then applicant registered her name at website for
remarriage. The respondent contacted her and represented her as
bachelor, 47 years of age and having a shop at Dombivali, Thane. He
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C. C. No. 60 DV 2020 Gulshan and ors. Vs Hussain
CNR No.MHMM18-001580-2020
Judgment, Exh.8
assured of her providing decent life style and maintaining her daughter
as well. After marriage applicant came to know that respondent is of
advanced age, already married and having seven children from it. He is
not having any shop and earning his livelihood by vending bags on road
side. He is not providing anything to both the applicants for earning
livelihood. He started abusing them and caused physical violence. He
made wild allegations against applicant and demanded money. Initially,
some amount was paid but later on when expressed inability to pay any
amount, he started harassing. Respondent is doing nothing. He was
humiliating and insulting the applicants and threatened to exploit the
Applicant No.2, if they had not left his company. Therefore, she left
respondent’s company. Both the applicants then approached police. But
no action taken. Then she filed present application and sought various
reliefs, mainly maintenance.
7. The above evidence is not challenged by the respondent. It
remained intact. There is nothing in it from which it can be said that the
contents of the application and consequent evidence affidavit in support
of it are false. The various incidences of ill-treatment causing domestic
violence are almost admitted, the desertion and non-arrangement of
means of livelihood also proved. Thus, it is proved that respondent
caused various such acts of domestic violence against the applicant.
Therefore, I recorded my findings on Point No.1, as affirmative.
8. So far as reliefs are concerned applicant mainly claimed
maintenance and compensation. The respondent is laborer and doing some
work for earning livelihood. Considering the claim of the applicant and his
social and economic status besides the dependency of his other family
members, I am of the opinion that following order will serve the cause of
justice, hence order -
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C. C. No. 60 DV 2020 Gulshan and ors. Vs Hussain
CNR No.MHMM18-001580-2020
Judgment, Exh.8
ORDER
A. Application is partly allowed.
B. The respondent Hussain Alam Shaikh, is herewith directed to pay
Rs.3,000/- (Rupees Three Thousand Only) per month to the applicant,
from the date of filing of application till the month of December 2023, as
past maintenance.
C. The respondent Hussain Alam Shaikh, is herewith directed to pay
the maintenance of Rs.5,000/- (Rupees Five Thousand only) per month
to the applicant, from the month of January, 2024, as future maintenance.
D. The respondent is also directed to pay the additional amount of
Rs.10,000/- (Rs. Ten Thousands Only) to applicant towards
compensation and expenses.
E. Copy of this judgment shall be given free of costs to both the
parties.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 31.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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C. C. No. 60 DV 2020 Gulshan and ors. Vs Hussain
CNR No.MHMM18-001580-2020
Judgment, Exh.8
I affirm that the contents of this PDF file judgment are same word for
ward as per original judgment.
Court Name : Komalsing Rajput
Name of Steno : S. R. Parab
Date : 31.01.2024
signed by P.O. on : 31.01.2024
uploaded on : 01.02.2024
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