Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 84 DV 2023 Mrs. Monalisa Vs Mr. Rajan
CNR-MHMM18-003670-2023
ORDER BELOW EXH.5
1. For following reasons today the matter is taken on board and the
order is passed.
2. As per applicant she is the wife of respondent who resides abroad.
Now he seized to be citizen of India leaving behind applicant and her
daughter begotten from respondent. The respondent is having relations
with several women across world and he cheated the applicant as well.
Applicant has no other place of abode, except the shared household i.e.
502, Mangal Swagat Building, Kantwadi, Off Perry Cross Road, Bandra
West, Mumbai, hereinafter referred as shared household, where she is
now residing. Her only daughter Sanjana Rajan Mirpuri, is also
dependent on her and residing with her in the same house. They have no
means of income and totally dependent on the respondent. But now
respondent stopped providing maintenance to them. Therefore, she
approached this court for various main reliefs under Protection of Women
from Domestic Violence Act, 2005, for short D.V. Act. She also claimed
urgent ex-parte interim relief to protect her possession over the shared
household, besides other reliefs of such nature.
3. After filing of present application, though ex-parte reliefs were
pressed, the notice was issued. Despite repeated attempts to serve the
notice on the respondent till date no notice has not been effectively served
as his whereabouts are unknown.
4. In the mean time applicant also applied for and attempted to get
serve the notice on e-mail address of the advocate of the respondent
representing him in another matter filed by daughter of the applicant for
maintenance in Family Court. But as such course is not permissible the
prayer was declined. Now applicant, relying on the Rule 12 framed under
D. V. Act and as per provisions of Order V, Rule 20 of Civil Procedure
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C. C. No. 84 DV 2023 Mrs. Monalisa Vs Mr. Rajan
CNR-MHMM18-003670-2023
Code and Section 65 of Code of Criminal Procedure, wanted to sought
the service of notice by exhausting the provisions for substituted service,
but as the address is not fix and the respondent is not residing in India
such course also seems impossible.
5. The applicant sought urgent relief of securing protection of her
possession over shared household contending that it was initially standing
in the name of respondent. But now he has gifted it to his son Mr. Sanjay
Rajan Mirpuri, from earlier Indian wife. Said son and respondent, with
the help of society office bearers, are attempting to remove the applicant
and her daughter from shared household. If such contingency occurred
the applicant and her daughter will suffer irreparable loss as they have no
other place of residence. Further, there is every possibility that respondent
will not provide any other pecuniary relief to them to earn livelihood.
Therefore, at least for protection of possession of shared household ex-
parte interim relief is necessary.
6. Thus, the immediate service of notice on the respondent seems
impossible. In peculiar facts and circumstances discussed above, there is
dire necessity of urgent relief, the court can not be said to be helpless.
Court is bound to protect the interest of the applicant.
7. It is also necessary to mention that respondent is not residing in
India and applicant has no other house but a shared household to reside. If
injunction to protect possession is granted respondent donee, his son Mr.
Sanjay, is not going to suffer any irreparable loss. Therefore, there
appears no hindrance in granting the ex-parte injunction against
respondent or anybody on his behalf, who may disturb the possession of
applicant over shared household. The protection of interest of the
daughter of applicant is also necessary as she is totally dependent on her
and may suffer vagrancy if removed from house.
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C. C. No. 84 DV 2023 Mrs. Monalisa Vs Mr. Rajan
CNR-MHMM18-003670-2023
8. Thus, urgent interim ex-parte relief needs to be granted for securing
ends of justice as the protection of possession of the shared household is
immediate necessity. At the same time, to protect the interest of
respondent notice also needs to be served on him through other means.
The Section 28(2) of D. V. Act, provides that Magistrate can invoke his
own procedure for prosecuting the matter under D. V. Act. This provision
needs to be exhausted for securing service on the notice on the
respondent. Therefore, following order in the interest of justice -
ORDER
a. The respondent Mr. Rajan Dayaram Mirpuri, his son of Mr. Sanjay
Rajan Mirpuri or any office bearer of the society, Swagat Building,
Kantwadi, Off Perry Cross Road, Bandra West, Mumbai, where shared
household is situated, shall not disturb the peaceful possession of the
applicant and her daughter over shared household i.e. 502, Mangal
Swagat Building, Kantwadi, Off Perry Cross Road, Bandra West,
Mumbai, until further orders.
b. Respondent Mr. Rajan Dayaram Mirpuri, his son of Mr. Sanjay
Rajan Mirpuri or any office bearer of the society, Swagat Building,
Kantwadi, Off Perry Cross Road, Bandra West, Mumbai, are herewith
directed that they shall not interfere with the peaceful possession
applicant and her daughter over shared household or obstruct their
enjoyment of it, in any way, until further orders.
c. Respondent and Mr. Sanjay Rajan Mirpuri, are herewith directed
that they shall not create any encumbrance over the shared household or
alienate it or enter into any transaction about it, until further orders.
d. Applicant is directed to serve the notice of the present petition on
the advocate of the respondent appearing in Petition No.C9 of 2023 filed
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C. C. No. 84 DV 2023 Mrs. Monalisa Vs Mr. Rajan
CNR-MHMM18-003670-2023
by the daughter of the applicant Miss. Sanjana Mirpuri, against
respondent and also serve the notice by publishing it in any Indian or
foreign newspaper having circulation in Hong Kong, where respondent is
claimed to be residing.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 01.11.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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