Final Order 3

Order Details: Copy of Judgment
Pdf Text: C. C. No. 43 DV 2018 Swati Vs Sachin and ors.
CNR - MHMM18-003150-2018
Judgment, Exh.40
Received on – 13.03.2018
Registered on – 14.03.2018
Decided on – 25.11.2024
Duration – 06 Ys. 08 Ms. 12 Ds.
Exh.40
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
12TH COURT, BANDRA, MUMBAI
(Presided over by Komalsing Rajput)
C. C. No.43/DV/2018
Mrs. Swati Sachin Lala
Nee Name Swati Munnalal Shrivastav,
Age – 27 years, Occ.- Housewife,
R/o. D/o. Munnalal Shrivastav,
Room No.A/42, M. G. Road, Dharavi,
Mumbai. APPLICANT
Vs.
1. Mr. Sachin Nagesh Lala,
Age – 41 years, Occ.- Driver,
2. Mr. Nagesh Jay Prasad Lala,
Age – 64 years, Occ.- Service,
3. Mr. Subhash Nagesh Lala,
Age – 46 years, Occ.- Service,
4. Mr. Manish Nagesh Lala,
Age – 44 years, Occ.- Service,
All R/o. Room No.11, Praful Chawl,
Opp. Surya Kiran Building, Rana Cottage,
Manchhubhai Road, Malad East,
Mumbai. RESPONDENTS
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C. C. No. 43 DV 2018 Swati Vs Sachin and ors.
CNR - MHMM18-003150-2018
Judgment, Exh.40
Advocates for the Parties –
For Applicant - Advocate, Mr. Ramesh Dubey
For Respondents - Advocate, Mr. Amendra Zha
JUDGMENT
(Delivered on 25th November, 2024)
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 -
The marriage of Mrs. Swati Sachin Lala, hereinafter referred as
Applicant, was solemnized with Respondent No.1, Mr. Sachin Nagesh
Lala, hereinafter referred as Main Respondent, on 01.03.2016, at Sion,
Mumbai. Other respondents are her in-laws, residing in the same house.
All the marriage expenses of about Rs.6,00,000/- were born by applicant’s
parents. After marriage she had been to their house for cohabitation. There
all the respondents caused various acts of domestic violence against her.
They were teasing her saying lazy. They compelled her to got up early in
the morning cook food for all the family members. They were using
abusive language against her. Respondents were not happy with the gifts
given in marriage and demanded dowry of Rs.2,00,000/-. When applicant
expressed inability to pay the amount the respondents started causing
mental and physical cruelty to her. They were assaulting her, threatening
to divorce her and throw her out of house. They were abusing to the
parents of the applicant. Finally, compelled applicant to leave matrimonial
house in the month of September 2016. She has no means of income or
any place to reside. Respondents made no arrangement for it though they
are having sufficient means. Therefore, applicant approached this court
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CNR - MHMM18-003150-2018
Judgment, Exh.40
and sought injunction, protection, residence, maintenance and
compensation reliefs.
3. All the respondents appeared and filed their say to the application,
vide Exh.4. They denied all the adverse allegations and contended that
they are false and frivolous. The summary of their defence is that the
applicant left matrimonial house on her own, respondents never caused
any act of domestic violence. The main respondent has no means of
income. On all these grounds applicant is not entitled to any relief.
Therefore, application shall be rejected.
4. Applicant in support of her case applicant examined herself as
A.W.1, vide her evidence affidavit, Exh.13. She also relied on certain
documents. The respondents neither cross-examined her nor led any
evidence. They also not argued out the matter. The submissions made by
applicant and her written notes of argument, are in tune with her pleadings
and evidence, the summary of which is that after marriage applicant had
been to the house of respondents i.e. shared household and they caused
various acts of domestic violence against her. It compelled her to leave
matrimonial house, she has no means of income, hence, this application.
5. Considering submissions, pleadings and other facts and
circumstances on record, I recorded my findings on following points for
the reasons discussed below-
Sr. No. POINTS FINDINGS
1. Does it prove that the respondent committed
domestic violence against applicant? .....Partly proved only
against Respo. No.1.
2. Does the applicant entitled to the reliefs as
prayed for? ….Partly proved only
against Respo. No.1.
3. What order? …..Appli. is partly allowed.
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C. C. No. 43 DV 2018 Swati Vs Sachin and ors.
CNR - MHMM18-003150-2018
Judgment, Exh.40
REASONS
AS TO POINTS NOS.1 AND 2 – Domestic violence and reliefs
6. The applicant A.W.1, Swati Sachin Lala, vide her evidence
affidavit, Exh.13, deposed that her marriage was solemnized with main
respondent on 01.03.2016, at Sion, Mumbai, with main respondent. The
other respondents are her in-laws, who were residing in the same house.
The marriage expenses of about Rs.6,00,000/- were born by her parents.
After marriage she had been to the house of respondents for
cohabitation. There they were teasing her saying lazy, compelled her to
got up early in the morning and cook food for all the family members.
They were using abusive language against applicant. Respondents were
not happy with the gifts given in marriage and demanded dowry of
Rs.2,00,000/-. When applicant expressed inability to pay the amount the
respondents started causing mental and physical cruelty to her. They
were assaulting her, threatening to divorce her and throw her out of
house. They were abusing to the parents of the applicant. Finally,
compelled applicant to leave matrimonial house in the month of
September 2016. She has no means of income or any place to reside.
Respondents made no arrangement for it though they are having
sufficient means. Therefore, applicant approached this court and sought
injunction, protection, residence, maintenance and compensation reliefs.
7. The above evidence is not challenged by the respondents. 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.
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8. However, there is no substantive allegations constituting domestic
violence against respondent Nos.2 to 4. The facts pleaded and evidence
in respect of the said respondent is not enough to grant any relief against
them. The relief therefore only granted against main respondent Mr.
Sachin Nagesh Lala. The applicant succeeded in proving that main
respondent Mr. Sachin Nagesh Lala, caused various acts of domestic
violence against her and therefore, I recorded my findings on Point
No.1, as partly proved only against main respondent Mr. Sachin Nagesh
Lala.
9. So far as reliefs are concerned applicant claimed injunction,
protection, residence, maintenance and compensation. So far as injunction
and protection order are concerned, admittedly applicant is residing with
her parents since year 2016, since when she left matrimonial house.
Therefore, there arises no question of granting these reliefs. So far as the
residence is concerned on the basis of same fact it can be inferred that
there is no point to grant any residence in the shared household. Rather,
the residence allowance will serve purpose. Thus, residence allowance
along with maintenance and compensation can be granted.
10. For this purpose if we go through the evidence and pleadings about
the income of main respondent it can be said that the facts pleaded and
deposed are somewhat vague. Applicant, in her evidence affidavit,
contended that main respondent is plumber and earning Rs.25,000/- per
month. But in support of this fact except oral mention nothing came on
record. However, main respondent is able bodied and nothing pleaded by
him or came on record anything on the basis of which the claim of
applicant can be rejected. In such a situation inference of his capability to
earn and maintain the applicant can be drawn. Considering the status of
the parties, reliefs claimed and these aspects, following order -
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CNR - MHMM18-003150-2018
Judgment, Exh.40
ORDER
A. Application is partly allowed.
B. Respondent No.1, Mr. Sachin Nagesh Lala, is directed to pay the
maintenance of Rs.4,000/- (Rs. Four Thousands Only) per month, from
the date of filing of application till the month of December, 2024, as past
maintenance.
C. Respondent No.1, Mr. Sachin Nagesh Lala, is directed to pay the
maintenance of Rs.7,000/- (Rupees Seven Thousand) per month, from
the month of January 2025, to the applicant, as future maintenance.
D. Respondent No.1, Mr. Sachin Nagesh Lala, is directed to pay the
amount of Rs.3,000/- (Rs. Three Thousands Only) per month, from the
month of January 2025, towards house rent to the applicant.
E. Respondent No.1, Mr. Sachin Nagesh Lala, is directed to pay the
additional amount of Rs.10,000/- (Rs. Ten Thousands Only) to applicant
towards compensation and expenses.
F. The prayer for other reliefs against main respondent is rejected.
The whole application is rejected against Respondent Nos.2 to 4.
G. The amount of interim maintenance is merged in the present main
order.
H. Copy of this judgment shall be given free of costs to both the
parties.
MUMBAI (KOMALSING RAJPUT)
DATE – 25.11.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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C. C. No. 43 DV 2018 Swati Vs Sachin and ors.
CNR - MHMM18-003150-2018
Judgment, Exh.40
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 : 25.11.2024
signed by P.O. on : 25.11.2024
uploaded on : 27.11.2024
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