Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No.MHMM18-003206-2023 C. C. NO. 77/DV/2023
Divya Dushyant Gupta V/s. Dushyant
Vinay Gupta & Ors.
ORDER BELOW INTERIM APPLICATION (Exh.-3)
The applicant has filed the main application under sections 12
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, Residence Order, Monetary Relief, Compensation Order,
Interim Relief.
2. According to applicant, her marriage with respondent No.1
was solemnized on 05/02/2018, as per Hindu Vedic Rites and Rituals.
Respondent No.2 is her mother-in-law and No.3 is her father-in-law. After
marriage applicant and
all respondents were staying together at 1601,
Casablanca, Hiranandani, Thane-W. Respondent No.1 was divorced at the
time of their marriage. After marriage applicant and respondent No.1
started to reside at Casablance, Hiranandani, Thane-W. Soon after
marriage the applicant realized that the respondent’s family members
wanted to control in her every respect. At all point of time applicant was
being monitored and overlooked by her mother-in-law, who would not
give her any personal space and neither was she given any freedom to
meet her friends ever.
3. Applicant was compelled to take responsibility for the entire
household chores without any assistance. Respondent No.1 was not caring
towards the applicant and never appreciated the efforts made by applicant
to keep him and his family happy. Her mother-in-law treated her as a
servant even during such time when the applicant was feeling under the
weather. Respondent No.1 and her mother-in-law continuously insult,
taunt and restrict her in every possible. Due to overburden household
work she used to fall in ill but respondent No.1 and his mother did not
care to provide her with medical care. Respondent used to pass derogatory
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and lewd comments about applicant and her and her parents also
respondents blamed her for not being able to bear kids.
4. If applicant refused to comply with respondent No.1 and his
mother wishes and demands then both would throw a fit of rage which
always scared her out of her mind. She would often feel unsafe. Applicant
has been subjected to domestic violence and cruelty, both physically and
mentally by respondent, which was worsened subsequently after the first
IVF treatment she underwent so that they could have child together,
which respondents insisted that she go through, even though her body was
not able to support the procedure and its effect on her body.
5. Her mother-in-law always against the applicant’s parents and
would constantly criticize their every action such as- when applicant’s
parents sent gift at the time of festivals her mother-in-law would always
criticize that their gifts were never good enough. Thus applicant’s parents
would send money instead of gifts during festivals but the same was never
appreciated by respondents. Applicant felt totally isolated and alone in her
marriage home. Applicant was often troubled for not being able to bear
child and was made to feel so guilty that she has often had thoughts of
committing suicide to end her life and misery.
6. As applicant did not want to trouble her parents she could not
share her grief with anyone and continued to give in to the respondents
demand in the hopes that things would get better and peace would come
to the family. She used to plead with respondent No.1 for money for her
personal expenses but was not provided with the same. Respondent No.1
always wished for all luxury items from applicant’s family without
providing simple lifestyle to applicant while living at respondent’s home.
7. The relatives of respondents and other family friends were not
aware of their marriage nor respondents took any efforts to tell them
about the same for the simple reason that this was the second marriage for
respondent No.1. Before getting married both parties had mutually greed
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that, they would only try having a baby after one year, which was totally
ignored and respondent No.1 and his mother started insisting that she
have a baby as soon as possible without wasting any time. Applicant was
the victim of endless harassment and in fact she was not allowed to have
food items which were not allowed during pregnancy for woman and
further she was not allowed to travel in an auto whenever she went out,
this was while she was not even pregnant. When applicant and respondent
No.1 consulted the Doctor they were suggested only option to have a baby
would be through IVF, adoption or surrogacy. After learning this
information the respondent No.1 started getting angry and blaming the
applicant that it was because of her that they could not have a baby.
8. IVF treatment was very painful for her and also having
adverse effect on her health. All respondents kept quite noticing that
applicant’s health was getting worse day by day but did nothing to provide
her enough case and time to rest. Her mother-in-law used to mentally
torture during her IVF treatment and even made her to do all household
work, though she was not in good physical condition. Respondent No.1
tried to disreputed applicant socially because they were unable to bear a
child. Family members of applicant tried to their level best to make
respondents happy but respondents never tried to understand her love and
emotions. Applicant differs between respondents on thoughts, lifestyle and
general behaviors to such an extent that it is impossible for them to
cohabit as husband and wife. Since 01/05/2019 applicant living
separately. Presently applicant residing at 403/404, Madhu Niketan, West
Avenue, Near Ramkrishna Hospital, Santacruz(w), Mumbai. More than a
year from 01/05/2019 respondents are not in contact with applicant and
her family either on call or WhatsApp.
9. The applicant’s family members have been made multiple
attempts to save her marriage but all their efforts have been in vain. There
is not whisper from respondents after moving out for their home to
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applicant. Hence, applicant constrained to file present application.
Applicant prayed for monthly maintenance of Rs.1,05,000/- p.m. as per
standard of living of respondent including house rent Rs.30,000/- p.m.,
household expenses like food, clothing, etc. Rs.40,000-/ p.m.,
transport/traveling expenses Rs.20,000/- p.m., personal and medical
expenses Rs.20,000/- p.m. Respondent No.1 is having sufficient means but
despite that he is neglecting and refusing to maintain applicant. Applicant
is unable to maintain herself.
10. Lastly, applicant prayed for ---
Protection Order and thereby prohibiting respondent not to commit
domestic violence at the workplace of the applicant and not to
communicate including personal oral or written or electronic or telephonic
contact by respondents with applicant.
Interim Relief and thereby Rs.1,05,000/- p.m. towards maintenance for
herself.
11. Respondents by filing their reply at (Exh.-9) to main
application and (Exh.-16) to present application resisted the application.
According to them they have not cause any kind of domestic violence to
applicant. The application filed by applicant is false and vague. Applicant
has suppressed most vital facts and she is not entitled for relief as claimed.
Respondents denied all averments of applicant. Respondents currently
staying in Gurugram, Haryana. Applicant was working in Thane.
Respondent No.2 and No.3 stayed while together with applicant and
respondent No.1as they used to travel often to Gurugram, Haryana and to
meet their daughter abroad.
12. Respondent No.2 and No.3 do not have any role in
the life of the applicant and the respondent No.1. To defame respondent
No.2 applicant has involved her name in domestic violence application.
Name of respondent No.3 no where mentioned in the domestic violence
application by applicant pertaining to domestic violence. They never
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demanded any dowry demand. Fact of divorce was already known and
accepted by the applicant. The applicant was told to be fit and healthy
qualified from Australia and had worked there as in India and also actively
involved in her family business but she did not want to work at all after
marriage.
13. Applicant was done surgery for weight loss and was having
Alcoholism issues due to this her AMH Levels (Pregnancy related) had
reduced considerably. Respondents were based out of Delhi with no
friends and relatives in Mumbai. Hence, only close members were invited
and they were attended the marriage. Applicant was given full freedom to
live her life the way she wanted. Applicant frequently traveled to meet her
friends and family members in Mumbai and other parts of India. Applicant
used visit her family in Santacruz, Mumbai accompanied with respondent
No.1 for common functions and celebrations. Applicant had very limited
interest in household work and interacting with family members of
respondent No.1 and confined to her room watching TV, reading books,
etc. The applicant insisted respondent No.2 and No.3 to stay at Delhi or
with their daughter and spend very limited time with them. They never
raised any complaint with applicant or her family.
14. Despite of knee issue all household work done by respondent
No.2. Applicant would cook certain special food items that wanted to eat.
Applicant persuaded to remove cook and other maid as it invaded her
privacy and had issue of alcoholism. Respondent No.1 trying his level best
to make applicant happy with love and care. In spite of staying separately
from 2019 respondent No.1 is still paying the Medical Premium for the
policy stated in 2019 with HDFC. Name of applicant was added in the
corporate policy by declaring her as his wife in both companies and also in
his passport as spouse. When applicant was well she never did nay work
and when she was sick she was taking care thoroughly by taking her to
Doctor or reminding her to take medicines.
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15. Applicant wanted child after six months of marriage hence as
per suggestion of Doctors with Donar female egg IVF procedure was
started as they were not able to conceive the natural way For that reason
applicant said that it is important to start family now and career can be
built at a later stage. Applicant and her family were not informed
respondents about Bariatric surgery (Gastric bypass and other weight loss
surgeries) of applicant, hence IVF process become very complicated and
time consuming and expensive which were paid by respondent No.1.
Respondent No.1 have not gone with option like Surrogacy and Adoption.
16. After second cycle in December 2018 both applicant and
respondent decided to take break before seeking other option. IN March
2019 the applicant had swelling in lower limbs and on 05/03/2019
applicant was admitted to the Reliance Hospital and was diagnosed with
liver Cirrhosis, Chronic Pancreaties and Esophageal Candidiasis i.e.
fungus. During said treatment respondents known from Doctor that,
applicant had gone through a Bariatric surgery for weight loss which
results in malnutrition and requires lot of precautions though applicant
had habit of consuming regular alcohol which has resulted in Liver
Cirrhosis. However insurance company would deny the claim.
17. Respondent No.1 left for work at 11.00 a.m. and return in late
night considering nature of his job. Respondents No.2 and No.3 were not
staying with them. There is no intervention from any no pressure to work.
Applicant not filed any NC or police complaint against respondents.
Respondents had a very cordial relationship with the applicant and and
her family and were part of every celebrations and festivals. Once
applicant’s father was hospitalized the respondent No.1 stayed at hospital
the entire night and coordinated everything and left next day morning
when other family members arrived at hospital. Respondent No.1 also
offered to extent financial help.
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18. Applicant never mentioned any specific incident about
domestic violence. Applicant could had at least mentioned about the same
to her parents and her parents would have spoken to respondents.
Respondent No.1 never threatened the applicant. Applicant called her
sister-in-law a ‘bitch’. Respondent No.1 always showered her with gifts
and fulfilled all her demands. Even before marriage applicant demanded
for MacBook Pro laptop which was fulfilled by the respondent No.1. As per
wish of applicant they went for honeymoon abroad. Respondent No.1
never expected from parents of applicant to give expensive gifts and they
never given too.
19. Applicant attending marriage of respondent’s close friend at
Delhi. After discharging from hospital in March 2018 the applicant was
staying at her parents house as she used to visit frequently 10-15 days and
it was closer to applicant’s parent’s home. On 01/05/1919 applicant came
to her matrimonial home as it was birthday of respondent No.3, she was
consuming with alcohol and eating restricted food, hence respondent No.2
called her mother and informed her about the incident. Applicant is highly
qualified from Australia and working in India and Australia can earn for
herself.
20. Applicant’s uncle regularly meeting respondents since
February2022 to July 2022 and wanted to arrange meeting with lawyer in
the month of June 2022. After final meeting July 2022 there was no
contact and suddenly uncle of applicant get respondent’s Gurgaon address
he sent the notice/summons. Thereafter during meeting applicant’s family
demanded a hefty amount. Due to this strained relationship the
respondent No.1 had to leave his 11 years job and then another one in just
one year, as he was mentally disturbed and could not concentrate also not
pursue an overseas opportunities. He is sole earner for his family.
Applicant is well educated and prior to marriage she was working and also
involved in family business and she is still earning. There is no domestic
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violence at the hands of respondents to applicant. Diseases for which
applicant was admitted are not caused by stress or emotional issues.
Lastly, respondents prayed to reject the application.
21. 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 :-
Sr. No. Points Findings
1. Does the applicant proved
prima-
faciely 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?
Affirmative.
4 Is applicant entitled for interim
relief Order, as prayed?
Partly Affirmative
4. What order? Application is
partly allowed.
REASONS
22. The applicant in support of her claim relied on the copies of
the Income Tax Returns, Account Statement issued by HDFC Bank, Bills
issued by Lilavati Hospital and Research Centre, P.H. Medical Centre,
Kokilaben Dhirubhai Ambani Hospital, Hari Om Medical and General
Store, etc. under application (Exh.17).
23. Per contra, the respondents have filed on record his affidavit
of Assets and Liabilities (Exh.18).
24. I have heard elaborated arguments of Ld. Advocate Shri.
Pandey for applicant and Ld. Advocate Shri. Singh for respondents.
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25. I have also minutely gone through the written notes of
arguments filed by applicant and respondent No.1, which are at (Exh.-20)
and (Exh.- 22) respectively.
As to point No.1 :-
26. In order to get interim relief under section 23 of the
Protection of Women from Domestic Violence Act, the applicant
prima-
faciely has to prove that, she has been subjected to domestic violence at
the hands of respondents. It is to be noted that, the respondents have not
denied the relationship with applicant. Therefore, the relationship
between them is the domestic relationship.
27. According to applicant soon after marriage she started to
reside with her husband along with her father-in-law and mother-in-law at
1601, Casablanca, Thane-W. In order to get relief under section 23 of
Domestic Violence Act the applicants has to prove that, the applicant has
been subjected domestic violence at the hands of respondent.
28. It is admitted by both that they married with each other and
their marriage is arrange marriage that, the respondent married with
applicant. Therefore,
prima-faciely it appears that, there are domestic
relations between applicant and respondent.
29. Now whether the applicant is subjected the domestic violence
or not, is issue before me. The respondents denied all the allegations made
by the applicant against them by saying that, no particulars of alleged
incident of domestic violence has been given. It appears that, the
respondent is denying conjugal rights of applicant, which is also amounts
to the domestic violence. Since 01/05/2019 the applicant and respondent
started to reside separately.
30. Therefore, it appears that, the relations between them are
strained and inference can be drawn that, as the respondent is denying
marital status of applicant, she is emotionally abused by the respondent
which amounts to the domestic violence. Moreover, applicant stated on
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affidavit that she has been subjected to domestic violence and cruelty,
both physical as well as mental by respondent. It can be gather prima facie
that, the applicant has been subjected domestic violence. At this
premature level can not be expected concrete proof of domestic violence.
Considering facts stated in Income affidavit of respondent and applicant
that they are living separate since 01/05/2019 itself prima facie shows
strain relation between applicant and respondent. Therefore, I hold that,
applicant
prima-faciely 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 :-
31. This issue is in respect of the protection order. The applicant
has sought relief restraining the respondents from committing the
domestic violence. It is to be noted that, the applicant alleged that, the
respondent subjected domestic violence and cruelty which was worsened
subsequently after the first IVF treatment she underwent so that they
could have a child together, which respondent insisted that she go
through, even though her body was not able to support to the procedure
and it’s effect on her body. Respondent’s mother always criticized parents
of applicant and their every action. Applicant stated that, she has
extremely treated by cruelty by the respondent’s family. The applicant felt
totally isolated and alone in her marriage home. She was often trouble for
not being able to bear children and was made to feel so guilty that she has
often thoughts of committing suicide to end her life and misery. She also
stated that, respondent No.1 is physically strong and had a bad tamper
and was completely unpredictable in his reaction during some situation
and on that count she was constantly living in fear for her life.
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32. The applicant has not filed supporting document to her
contention but at this stage the facts stated on oath cannot be overlooked.
Respondents in their reply denied all this facts but truthfulness of the facts
can be find out only through trial. While answering to point No.1, I have
concluded that, applicant has been subjected the domestic violence at the
hands of respondents. The applicant is having apprehension in her mind
that, the respondents will cause her domestic violence in future also.
Considering the allegations and counter allegations, I am of in opinion
that, in order to protect the interest of applicant order for restraining the
respondents from committing any domestic violence in future can be
passed. Hence, I record my finding to point No.2 as in the affirmative.
As to point No.3 :-
33. 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 respondents. According to the
applicant she has no sufficient source of income. The respondent
neglected and refused to maintain her though he has sufficient source of
income. Per contra, the respondent come with the case that, the applicant
is salaried woman and as well as having sufficient means of income.
Therefore, applicants are not entitled to any monetary relief.
34. Ld. Advocate for applicant submits that, the respondent is
earning more than Rs.5,00,000/- p.m. Per contra, though applicant is
salaried woman. She is having right to lead life as per lifestyle of the
respondent. The respondent lifestyle is luxurious. But, the respondent has
not providing any means of maintenance, therefore, considering income
and luxurious lifestyle of respondent maintenance of I.1,05,000/- p.m. to
applicant be granted.
35. Per contra Ld. Advocate for respondent submits that, the
applicant is salaried woman. Hence, applicant is not entitled to any relief
as sought.
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36. I have gone through the affidavits of assets and liabilities filed
by the both parties and also gone through the affidavits submitted by
them.
37. From the affidavit of assets and liabilities of applicant it
appears that, she is also having income but considering lifestyle of
respondent whether the said income said to be sufficient to her. It is to be
noted that, from the affidavits of assets and liabilities of respondent it
shows that, strong income than the applicant. The income affidavit
(Exh.18) of respondent No.1 reflects that, his monthly income of
Rs.5,90,548/-. The income affidavit filed by applicant (Exh.14) reflects
that, monthly income of Rs.55,000/-. It become crystal clear that the
income of respondent is prima facie more than 10 times of applicant.
38. I have minutely gone through the judgments relied by the Ld.
Counsel for respondents.
1] Rajnesh V/s. Neha (2021) 2 SCC 324,
2] Prabha Tyagi V/s. Kamesh Devi (2022) 8 SCC 90,
3] Shailja V/s. Khobbanna (2018) 12 SCC 199,
4] Satishchandra Ahuja V/s. Sneha Ahuja (2021) 1 SCC 414 and
5] Bhuwan Mohan Singh V/s. Meena (2015) 6 SCC 353.
I have minutely gone through above cited rulings. At this
moment stage in present matter is of interim application. The ratio laid
down in above cited rulings might be applicable to the case of respondent
but at this juncture while deciding interim maintenance application
squarely applicable to the case of applicant than that of respondent.
39. Considering basic needs of applicant and her income the
lifestyle of respondent I am of opinion that, she 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 I.48,000/-
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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 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 till final decision of the proceeding.
3 The respondent No.1 shall pay Rs.48,000/- p.m. to
applicant as a interim maintenance, since the date of
filing of the present application.
4 The respondent shall pay Rs.25,000/- as the cost of the
present application to the applicant.
5 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 25/08/2026.
SRD.
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 25/08/2026.
Transcribed on :- 25/08/2026.
Checked on :- 25/08/2026.
Signed on :- 25/08/2026.
SRD
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