Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: 1 C.C.NO.37/DV/2018
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
09TH COURT, BANDRA, MUMBAI
C.C.NO.37/DV/2018
Mrs. Sheetal Ganesh Dhawade …... Applicant
Vs.
Mr.Ganesh Gopal Dhawade …... Respondent.
ORDER BELOW APPLICATION(EXH.02) FOR INTERIM PRAYER
This application is filed under Section 23 of The Protection
of Woman from The Domestic Violence Act, 2005 ( for short 'Act') for
grant of interim reliefs as prayed in the prayer clause.
2. The case of applicant in brief is as under:
The applicant's and respondents marriage was solemnized
on 26/04/2012. One girl child is born out of the wedlock. The
respondent was working with a builder and getting Rs.40,000/ per
month and getting financial support from three sisters. In the initial
days after marriage the applicant was treated well. By the span of time
all the ornaments were taken by the motherinlaw to keep in safe
custody. These ornaments are Stridhan of the applicant which was
never returned to her. The applicant came to know that two uncles and
mother of the respondent are residing in the same house. The applicant
has to do all the household work since morning to evening without any
help from the respondent or her motherinlaw. The applicant and the
respondent were never given privacy. The motherinlaw and three
sisterinlaw used to taunt the applicant for not giving sufficient dowry.
Whenever the parents of the applicant used to visit they were
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humiliated by the respondent. The habit of the respondent of drinking
liquor was not disclosed prior to the marriage. The applicant was doing
work as maid and her income was taken by the respondent and his
mother. The respondent started suspecting character of the applicant.
The respondent used to beat the applicant under the influence of liquor
and on instigation of motherinlaw and three sisterinlaw. The
applicant was beaten mercilessly upon the instigation of motherinlaw
when she was pregnant. The applicant was beaten by bamboo on her
legs by the respondent. The applicant was beaten mercilessly on petty
issues in 2013 of which she lodged N.C. at Police Station. In January
2014 again the applicant was beaten by the respondent, his mother and
sisters by fist blows as applicant was not in a position to do household
work. In the month of August 2016 the applicant was driven out of the
matrimonial house alongwith daughter with casual wearing. The
respondent has never taken responsibility of the applicant and the
daughter. The daughter's school education fees of Rs.11,000/ paid by
the parents of the applicant. The applicant is not doing any work. The
applicant and her daughter is residing on the mercy of her parents at
her parental house. On these grounds applicant prayed for monthly
maintenance of Rs.25,000/ per month from the respondent. The
applicant has filed on record the documents of education, document of
school fees of the child, the copies of N.C. and other documents.
3. The respondent denied all the adverse allegations made in
the application. It is the contention of the respondent that after
marriage he treated the applicant and the child with love and care. The
respondent has provided all the basic needs and completed all the
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demands of the applicant. The applicant always used to quarrel with
the respondent and his family members. The applicant is not doing any
household work. The applicant used to abuse to the respondent in
filthy language in presence of the neighbours. The applicant used to
quarrel with the members of the family. The applicant is not in a
position to understand the difficulties of the respondent in managing his
job and taking care of the family. The applicant denied cooking food
and spitted on the face of the respondent. The applicant always
demanded expensive clothes, mobile phone etc. On one occasion the
respondent found from the applicant mobile phone that she is having an
affair with another person residing in local area. The respondent asked
the applicant to stop illicit relationship on which the applicant
threatened to file case and quarreled with the respondent. The
respondent was not in a position to meet the demands of high cost
clothes and mobile phones etc.of the applicant. After every three to
four days the applicant used to go to her parents house and us to meet
with her boy friend. The applicant has no love and affection towards
the respondent. The respondent compelled to file complaint against
the applicant. The applicant threatened and abused the respondent for
the custody of the minor child. At present the income of the respondent
is only Rs.5,000/ per month. In support the respondent has filed on
record the photocopies of the photographs to show that the applicant is
having affair with some other person.
4 . Heard Ld. Advocate for the applicant and the respondent.
Perused the record and written notes of arguments.
5. Following points arose for determination. Findings are
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recorded against each of them for reasons to follow:
Sr.
No. POINTS FINDINGS
1. Whether the application prima facie
discloses that domestic violence is caused
by the respondents to the applicant ? In the affirmative
2. Whether the applicant is entitled to
monthly interim maintenance of
Rs.25,000/ per month from the
respondent ?
Rs.10,000/ per month
3. What order? As per Final order.
R E A S O N S
As to Point No.1:
6. Provision for grant of interim maintenance is provided
under Section 23 of the Act. It provides that if the Magistrate is
satisfied with an application prima facie discloses that the respondent is
committing or has committed an act of domestic violence Magistrate
may pass such interim order as he deems just and proper. The
ingredients of Section 23 is that complaint should disclose prima facie
act of domestic violence by the respondent to the applicant. The
definition of 'domestic violence' is provided under Section 3 of the Act.
The ingredients of the Domestic Violence Act are
“ Any Act, omission or commission or conduct which constitutes
domestic violence are
(1) It harms or injures or endangers the health,
safety, life, limp or wellbeing, whether mental or
physical, of the aggrieved person or tends to do so
and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse.
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(2) It harassed, harms, injures or endangers the
aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful
demand for any dowry or other property or valuable
security.
(3) It the effect of threatening the aggrieved
person or any person related to her by any conduct
mentioned in clause (a) or clause (b).
(4) It otherwise injures or causes harm, whether
physical or mental to the aggrieved person.
3. Expression “Economic abuse” Expression “ Economic abuse”
includes
(1) Deprivation of all or any economic or financial
resources.
(2) Disposal of household effects.
(3) Prohibition or restriction to continued access to
resources or facilities.
7. To consider the prayer for interim maintenance the
contents of the application and reply is required to be considered. The
applicant has contended her mental and physical harassment that the
respondent used to beat her on the instigation of his mother. The
respondent used to harass the applicant that she is not doing any
household work. The respondent has contended that he has taken good
care of the applicant and child. The respondent has provided
everything to the applicant even costly articles. The allegations about
harassment by the applicant and defence raised by the respondent is
required to be proved on the basis of the evidence. At the interim stage
being a beneficial legislation to the woman the court has to see that
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whether application prima facie discloses about commission of
domestic violence. If, the allegations set out in the complaint are taken
as it is and the defence raised by the respondent is considered, certainly
there is an emotional and physical abuse to the applicant within the
meaning of Section 3 of the Domestic Violence Act.
8. It is the duty of the husband to provide all the means to the
wife/aggrieved person. It is also the responsibility of the husband to
share economic burden of the family with the wife. Admittedly, the
applicant and respondent are the husband and wife. The applicant is
the aggrieved person and is entitled to economic support from the
respondent. The respondent has not provided any economic support to
the applicant or to the child's education. If having sufficient means and
obligation to provide economic support depriving the applicant from it
amounts economic abuse within the meaning of Section 3 of the Act.
For these reasons it is held that prima facie domestic violence is caused
to the applicant by the respondent. Accordingly, finding to Point No.1
is recorded in the affirmative.
AS TO POINT NO.2:
9. The applicant prayed for interim maintenance of
Rs.25,000/ per month. To show the income of respondent in her
application applicant contended that respondent is getting
Rs.40,000/ per month. In affidavit of assets and liabilities the
applicant contended that income of the respondent is Rs.30,000/
per month from Potdar Builders. The applicant has discloses her
income as Rs.11,000/ per month. On the other hand, the
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respondent contended in reply that his income is Rs.5,000/ per
month. In written notes of arguments the applicant claimed
Rs.20,000/ per month maintenance and Rs.6,000/ towards
alternate accommodation. No prayer is made in the interim
application for alternate accommodation as contended in the
written notes of arguments. From the contentions made in the
application and the reply the applicant as well as the respondent
have not disclosed their true income. The income mentioned by
the parties in their affidavits and pleadings is a matter of an
evidence.
10. The amount of maintenance and expenses can be
granted by taking into consideration educational qualifications of
both the parties, standard of living of applicant, expenses required
for the maintenance of the applicant, liabilities of the respondent,
earning capacity of the parties and all other factors. In the
present case the applicant and respondent has a girl child who is
taking education. The girl child is with the applicant. The
applicant has to bear the expenses of the education of the child.
Though the applicant has contended that she is having income of
Rs.11,000/, the respondent cannot avoid his legal and moral
liability to provide economic support to the applicant and to the
child. Taking into consideration the education of child,
requirements of the applicant for her livelihood and for livelihood
of the child, income of the parties, it will be justified and
reasonable to direct the respondent to pay an interim
maintenance of Rs.10,000/(Rupees Ten Thousand only) per
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month to the applicant from the date of application. Finding to
Point No.2 is recorded accordingly. For the above reasons
following order is passed.
O R D E R
1. Application is partly allowed.
2. Respondent is directed to pay interim maintenance of
Rs.10,000/(Rupees Ten Thousand only) per month to the applicant
from the date of application till decision of main application.
3. The copy of the order be given to both the parties free of
cost and the compliance be made under Section 24 of the Act.
4. Dictated and pronounced in the open Court.
Sd/
( K.H.Thombre )
Addl. Chief Metropolitan Magistrate,
Date : 23.06.2023 9th Court, Bandra, Mumbai
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