Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No.MHMM18-003053-2021 C. C. NO.116/DV/2021
Reshma Amit Vengurlekar V/s. Amit Rohidas Vengurlekar.
ORDER BELOW INTERIM APPLICATION (Exh.-5)
The applicant Reshma Amit Vengurlekar has filed the
present application under section 20 of The Protection of The Woman
from the Domestic Violence Act, 2005 (here-in-after referred as, 'the
PWDV Act'), wherein she prayed for protection order, Rs.15,000/- per
month as interim maintenance and alternate accommodation or Rent of
Rs.7,000/- per month.
2. According to applicant, her marriage with respondent was
solemnized on 03/03/2020, as per Hindu Rites and Rituals. The
marriage was arranged marriage. After marriage she joined the
respondent at her matrimonial house. The said marriage was not
consummated and hence there were no issue born out of said wedlock.
The mediator Mr. Praful Chipkar proposed and provided information
that, respondent is divorcee and doing private job and earning Rs.
30,000/- per month. Her mangalsutra is in custody of respondent.
Father, mother, brother and sister of respondent also came and reside
with them and interfere in their family.
3. Respondent tried to avoid to establish conjugal rights and
made excuses. Respondent convey to applicant to establish conjugal
rights only at day time and not at night because due to incomplete sleep
and rest he unable to concentrate his duties. Respondent pressurized
applicant for masturbate 3-5 times, when she asked for having sex with
her he got angry and asked to leave him alone and also ask to left
matrimonial home if she don’t like. Upon sharing this fact with her
parents respondent abused applicant in filthy language and asked to left
the matrimonial home.
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4. Respondent’s mother, sister and brother insisted him to
drop applicant at her parental home. After medical treatment it come
to knowledge that respondent is impotent. There is no any
improvement after medical treatment. Hence, since 30/12/2020
applicant started to reside with her mother. Lastly, prayed for
protection order, Rs.15,000/- per month as interim maintenance and
alternate accommodation or Rent of Rs.7,000/- per month.
5. Respondent No.1 by filing his reply at (Exh.-6) to main
application resisted the application. According to respondent he has not
cause any kind of domestic violence to applicant. The application filed
by applicant is false and vague. Respondent denied that, their marriage
was not consumated. Respondent provided his personal information
about his earlier marriage and everything was clarified prior to
marriage. Respondent dined that, his mother, father, sister and brother
not interfere in their matrimonial life in any manner. Respondent never
refused to establish conjugal right with applicant and their marriage
was consumated.
6. Respondent does not have any sexual problem even though
he is ready and willing to undergo for any test in respect of his
impotency. Respondent’s family members never blamed applicant nor
told him to drop her at her parental house. Applicant left her
matrimonial home without reasonable cause and respondent did not
push her out of the matrimonial home. Applicant wants to extract
money from respondent for divorce, which she had done in past also.
7. 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 :-
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Sr. No. Points Findings
1. Does the applicant proved prima-
facie that, she has been subjected
to the domestic violence at the
hands of the respondents ? Affirmative.
2. Is applicant entitled for protection
order, as prayed? Partly Affirmative.
3. Is applicant entitled for interim
maintenance order, as prayed? Partly Affirmative.
4. Is applicant entitled for residence
order, as prayed? Negative.
5. What order? Application is
partly allowed.
REASONS
8. The applicant in support of her claim relied on the copies of
Affidavit of Assets and Liabilities (Exh.9).
9. Per contra, the respondents No.1 has filed on record his
Affidavit of Assets and Liabilities (Exh.12) and his three years Bank
Account Statement issued by Kotak Mahindra Bank.
10. I have heard elaborated arguments of Ld. Advocate for
applicant and Ld. Advocate for respondent.
As to point No.1 :-
11. In order to get interim relief under section 23 of the
Protection of Women from Domestic Violence Act, the applicant prima-
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facie has to prove that, she has been subjected to domestic violence at
the hands of respondent. It is to be noted that, the respondent not
denied the relationship with applicant. Therefore, the relationship
between them is the domestic relationship.
12. According to applicant soon after marriage she started to
reside with her husband at her matrimonial home. In order to get relief
under section 23 of Domestic Violence Act the applicant has to prove
that, the applicant has been subjected domestic violence at the hands of
respondent.
13. It is admitted by both that they married with each other.
Therefore, prima-facie it appears that, there are domestic relations
between applicant and respondent.
14. Now whether the applicant is subjected the domestic
violence or not, is issue before me. The respondent denied all the
allegations made by the applicant against him and his relatives by
saying that, no detail particulars of alleged incident of domestic
violence has been given. It appears that, the respondent is not
maintaining applicant, which is also amounts to the domestic violence.
15. Therefore, it appears that, the relations between them are
strained and inference can be drawn that, as the respondent is not
maintaining to applicant thus, she is emotionally abused by the
respondent, which also amounts to the domestic violence. Moreover,
applicant stated on affidavit that, she has been subjected to domestic
violence and cruelty, both physical as well as mental by respondent. It
can be gathered prima facie that, the applicant has been subjected
domestic violence. At this premature level concrete proof of domestic
violence can not be expected.
16. Considering facts stated in application of applicant and say
of respondent that they are living separate since 30/12/2020 itself
prima-facie shows strain relation between applicant and respondent.
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Therefore, I hold that, applicant prima-facie proved that, she has been
subjected domestic violence at the hands of respondent. Hence, I record
my finding 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 from committing
the domestic violence. Applicant stated that, she has extremely treated
by cruelty by the respondent and his family members.
18. The applicant has not filed supporting document to her
contention but at this stage the facts stated on oath cannot be
overlooked. Respondent in his reply denied all this facts but
truthfulness of the facts can be find out only after trial. While answering
to point No.1, I have concluded that, applicant has been subjected the
domestic violence at the hands of respondent. The applicant is having
apprehension in her mind that, the respondent will cause her domestic
violence in future also.
19. Considering the allegations and counter allegations, I am of
in opinion that, in order to protect the interest of applicant order for
restraining the respondent from committing any domestic violence in
future can be passed. Hence, I record my finding to point No.2 as in
partly affirmative.
As to point No.3 :-
20. This issue is in respect of the interim relief for maintenance
to the applicant. While concluding point No.1 I hold that, applicant is
subjected domestic violence, at the hands of respondent No. According
to the applicant, she has no sufficient source of income. The respondent
No.1 neglected and refused to maintain applicant though he has
sufficient source of income. Per contra, the respondent No.1 come with
the case that, the applicant is educated upto XII Standard and able to
earn. Therefore, applicant is not entitled to any monetary relief.
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21. Ld. Advocate for applicant submits that, the respondent is
doing private job earning Rs.30,000/- per month. But, the respondent
has not providing any means of maintenance, therefore, considering
income and lifestyle of respondent maintenance of Rs.15,000/- p.m. to
applicant be granted.
22. Per contra Ld. Advocate for respondent submits that, the
applicant is educated and able to earn and respondent is having
responsibility of his old parents who are suffering from cancer and heart
problem. Hence, applicant is not entitled to any relief, as sought.
21. I have gone through the Affidavits of Assets and Liabilities
filed by the both parties and also gone through the Affidavits submitted
by them.
23. From the Affidavit of Assets and Liabilities of applicant it
appears that, she has no source of income. She has not having sufficient
means to maintain herself. It is to be noted that, from statement of bank
statement the respondent is earning more than Rs.40,000/- per month
as a salary and from the Affidavits of Assets and Liabilities of
respondent it shows that, dependents also have source and having
Rs.14,000/- per annum from other source also.
24. The income affidavit filed by applicant (Exh.9) reflects that,
monthly expenditure of Rs.15,000/- per month. Respondent is earning
for his livelihood. Dependents of respondent are also getting income
from other source hence, there is no any responsibility upon respondent
regarding his parents.
25. Therefore, it appears that, the respondent is having source
of income from his job. The applicant is wife of the respondent. Being
husband of applicant he is under the obligation to maintain applicant.
But it reveals that, the respondent is not providing any means of
maintenance to applicant. The applicant is unable to maintain herself.
Considering the basic needs of the applicant, hiking prices of essential
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commodities and respondent being able bodied person, I am opinion
that, applicant is entitled to for interim maintenance, as provided under
section 23 of Domestic Violence Act. Therefore, I am of opinion that, the
interim maintenance of Rs.4,000/- p.m. to applicant is sufficient, as a
interim maintenance. Hence, I record my finding to the point No.3 as in
the partly affirmative.
As to point No.4 :-
26. This point is in respect of alternate accommodation sought
against respondent by applicant. It is to be noted that, the applicant
used to reside at her parental home. At present she is not at all
shelterless. In such circumstances no relief in respect of alternate
accommodation can be granted. Hence, I record my findings to the
point No.4 in the negative and proceed to pass following order.
ORDER
1 The application is partly allowed.
2 The respondent shall not cause any kind of domestic
violence to applicant in any manner orally or written or
any electronics mode or by way of telephone, to
communicate with her till final decision of the
proceeding.
3 The respondent shall pay Rs.4,000/- per month to
applicant, as a interim maintenance, since the date of
filing of the present application.
4 Other reliefs are rejected at the interim stage except
granted.
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5 Copy of this order be given free of cost to both the parties.
Mumbai.
Date : 22/09/2026.
SRD.
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 22/09/2026.
Transcribed on :- 22/09/2026.
Checked on :- 22/09/2026.
Signed on :- 22/09/2026.
SRD
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