Interim Order 2

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No.MHMM18-003287-2022 C. C. NO.64/DV/2022
Priti V/s. Manindra & Ors.
ORDER BELOW INTERIM APPLICATION (EXH.-4)
The applicant has filed the present application under section
23 of the Protection of Woman from the Domestic Violence Act, 2005
(here-in-after referred as, 'the PWDV Act') for maintenance order and for
order of medical expenses.
2. According to the applicant, the respondent No.1 is her
husband. Their marriage took place on 25/01/2019, at Deoria (U.P.), as
per Hindu Rites and Customs. After marriage the applicant went with
respondent, at her matrimonial home. The respondent No.2 to No.7 are
relatives of the respondent No.1. The respondents started demanding
dowry, even prior to marriage and after marriage and also treated her in
cruel manner. Due to which the applicant suffered mental agony.
Respondents physically and mentally tortured the applicant. At present the
applicant is residing with her mother and she is fully depends upon her for
her every needs and routine required expenditure. The applicant is not
having job and no source of income.
3. Per contra, the respondent No.1 is involved with his family
business of restaurant and hotel and he is having smart income to the tune
of I.1,50,000/- p.m. Further, the respondent No.1 is having immovable
properties, at Deoria, (U.P.). The respondent No.1 is also getting income
from the property rent. The respondent No.1 failed and neglected to
maintain the applicant. Thus, the applicant is subjected domestic violence
at the hands of respondents. Lastly, the applicant prayed that, respondents
be restrained from causing any kind of domestic violence against applicant.
The respondent No.1 be directed to pay I.50,000/- p.m., as a interim
maintenance and I.20,000/- p.m. for medical expenses.
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C. C. NO. 64/DV/2022 ORDER BELOW APPLICATION (Exh.-4)
4. The respondent No.1 has filed his say at (Exh.-5) and resisted
the application. The respondent admitted the relations with the applicant.
It is contended that, the applicant only with intention to extract money
filed the present application. It is contended that, he was in restaurant
business in partnership, which was dissolved in six months. The
respondent is working, as an office assistant in Shikhar Trading Company
and earning I.6,000/- p.m. The respondent denied that, they have
demanded dowry, as alleged. It is contended that, the applicant initially
few days of marriage behaved in proper manner. The applicant returned
on 14/02/2019 from her parental home with respondent No.1 and since
then her behaviour and attitude has been changed. The applicant is selfish.
The applicant wants to work in Bollywood film industry, Mumbai. It is
contended that, the applicant came at Mumbai, thereafter, she informed
him that, she was pregnant and after few days she gave news of
miscarriage. The respondent No.1 visited Mumbai and stayed with the
applicant’s family for few days. The respondent No.1 demanded
documents of pregnancy and miscarriage, but the application failed to
show it. Then the respondent understand that, applicant lied to him.
Thereafter, he went to home at Deoria (UP).
5. It is further contended that, on 19/12/2019 birthday of the
applicant. At that time, the respondent No.1 stayed at Jehanabad, Bihar
for two days. But he noticed that, the applicant’s relationship with one
Haider Kazmi and they were in connection to physical level. It is
contended that, the applicant is co.-producer and assistant director in
various Bollywood projects. The parents of respondent No.1 removed from
their estate to respondent No.1. The applicant is having good source of
income from film industry. The respondent himself is not in condition to
maintain himself due to lack of salary. Lastly, he prayed that, application
be rejected.
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C. C. NO. 64/DV/2022 ORDER BELOW APPLICATION (Exh.-4)
6. The applicant in support of her application filed on record
documents, affidavit of Asset and Liabilities, which are at (Exh.-6). The
respondent also filed documents in support of his defence and also filed his
affidavit of Assets and Liabilities, at (Exh.-7).
7. I have heard elaborated arguments of both parties and also
considered written notes of arguments filed by both parties, which are at
(Exh.-8) and (Exh.-9).
8. 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
the domestic violence at the hands
of the respondents ? Yes.
2. Is applicant entitled for relief of
maintenance, as prayed? Yes.
3. Is applicant entitled for relief of
medical expenses, as prayed? No.
4. What order? Application is
partly allowed.
REASONS
As to point No.1
9. In order to get relief under section 23 of the Domestic Violence
Act the applicant has to prove
prima-faciely that, she has been subjected
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C. C. NO. 64/DV/2022 ORDER BELOW APPLICATION (Exh.-4)
the domestic violence at the hands of respondents. According to the
applicant the respondent used to demand dowry from the applicant. The
said allegations are denied by the respondent. The applicant in main
petition has given list about electronic items, furniture items and other
gifts, which have been given in the marriage by her family to the
respondent’s family. It is contended that, the respondent was carrying
doubt about her character. It is surprising to note here that, in reply the
respondent contended that, the applicant has close relations with Haider
Kazmi. Therefore, it is crystal cleared that, the respondent had doubting on
the chastity and character of the applicant, which is also the domestic
violence in the nature of emotional abuse at the hands of respondent No.1
to the applicant.
10. Even the applicant in main petition has contended on
11/05/2019 the respondent No.1 confined her by putting lock by outside
and he took her mobile and she was kept isolated in such depressive
situation. Therefore, confinement in the room by putting lock is also
physical as well as emotional abuse, at the hands of respondent No.1 to
the applicant. Therefore, demand of dowry, confinement and kept
isolation to the applicant and doubt on the character of applicant shows
that, the respondent No.1 had subjected domestic violence to the
applicant. Therefore, I hold that, the applicant is subjected domestic
violence at the hands of respondents. Hence, I record my findings to the
point No.1, as in the affirmative.
As to point No.2 and No.3
11. Ld. Advocate for respondent submits that, in petition applicant
stated that, she is jobless and not having source of income, but in her
affidavit of Assets and Liabilities she shown her income I.45,000/- p.m. Ld.
Advocate for respondent further drawn my attention to the documents
filed alongwith list dated 16/02/2023, which shows that the applicant is
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C. C. NO. 64/DV/2022 ORDER BELOW APPLICATION (Exh.-4)
assistant director of Movie by name
I Killed Bapu. Even she also co.-
producer of film
Chuhiya. I also gone through the bank account details i.e.
statement of bank account of applicant which shows that, certain amount
to the tune of I.50,000/-, I.40,000/-, I.55,000/- even one time
I.2,00,000/- have been deposited in the HDFC bank. Therefore, it appears
that, the applicant is financially sound.
12. Ld. Advocate for applicant submits that, though applicant is
having source of income but it is not certain. Respondent No.1 is husband
of the applicant, he cannot absolve from the responsibility to maintain his
wife. Further, the respondent was having the business of restaurant and
now merely escape from the payment of maintenance he filed false salary
certificate and make arrangement about removal of respondent No.1 from
family property. Therefore, application be allowed and maintenance be
awarded to the applicant from the respondent No.1.
13. It is to be noted that, the applicant in her affidavit of Assets
and Liabilities shows that, she is having monthly income of I.45,000/-.
Even statement of bank account shows that, huge amount upto
I.2,00,000/- has been deposited in her bank account. Further, she is co.-
producer of the films. Certainly, she is having source of income by doing
work in film industry. Though applicant stated that, the respondent is
having family business and get income from rent, but no such documents
have been placed on record by the applicant, in support of her claim.
Further, the respondent in his affidavit of Assets and Liabilities contended
that, he is office assistant and getting income to the tune of I.6,000/- p.m.
The certificate to that effect of Shikhar Trading Company is filed on record
which supports to the version of the respondent.
14. Even in affidavit of Assets and Liabilities both parties it is not
certainly come on record that, what is actual income of the respondent
No.1, therefore, I have no option to relied upon documents placed by the
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C. C. NO. 64/DV/2022 ORDER BELOW APPLICATION (Exh.-4)
respondent in support of his claim i.e. salary certificate of Shikhar Trading
Company, which shows income to the tune of I.6,000/- p.m. It is to be
noted that, while gone through the bank account details of the applicant
and the salary certificate of the respondent, it appears that, the applicant is
having smart income comparing to the income of the respondent No.1. But
it is to be noted that, in the reply of the respondent No.1 he admitted that,
he was involved in the restaurant business, which latter on dissolved.
15. Therefore, the respondent No.1 is able bodied person and at
the time of marriage both the applicant and respondent No.1 used to
reside in well sound manner. Now the applicant is residing at Mumbai and
she is doing work in film industry. Therefore, she is having right to live her
life, as per situation, when she is residing with respondent No.1 at Uttar
Pradesh. The respondent No.1 was having business of restaurant,
therefore, at that time, his financial condition was sound. After separation
the applicant is not joined, but she working for her livelihood. Therefore,
by doing work in film industry the applicant is maintaining herself. Thus, it
does not mean that, the applicant is able to maintain herself. The
respondent is able bodied person. being husband it is the responsibility of
respondent No.1 to maintain his wife i.e. the applicant. Therefore, the
respondent No.1 cannot escape form maintaining his wife. Income from
film industry is not at all certain, in such circumstances, I am in opinion
that, applicant is entitled to get maintenance from the respondent No.1.
16. So far as, quantum of maintenance is concerned the
respondent No.1 is able bodied person, the applicant is his wife, therefore,
it is his responsibility to maintain her. Considering the basic needs of the
applicant, I am of opinion that, the maintenance of I.7,000/- p.m. is
sufficient, as a maintenance to the applicant from the respondent No.1.
17. So far as, medical expenses are concerned the applicant is not
disclosed for what diseases she is spent money and claimed for it.
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C. C. NO. 64/DV/2022 ORDER BELOW APPLICATION (Exh.-4)
Therefore, I am of opinion that, the applicant is not entitled for medical
expenses, as sought. Hence, I record my findings to the point No.2 as in
affirmative and point No.3, as in negative and proceed to pass following
order.
ORDER
1 The application is partly allowed.
2 The respondent No.1 shall not cause any kind of domestic
violence to applicant till final decision of the proceeding.
3 The respondent No.1 shall pay R.7,000/- p.m. to
applicant, as a interim maintenance, since the date of
filing of the present application.
4 The respondent shall pay R.5,000/-, 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 : 01/07/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class) 71st Court, Bandra, Mumbai.
Dictated on :- 01/07/2024.
Transcribed on :- 04/07/2024.
Checked on :- 19/07/2024.
Signed on :- 19/07/2024.
SRD
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