Interim Order 2

Order Details: Copy of Interim Maintenance Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71ST COURT, BANDRA, MUMBAI
C. C. NO. 145/DV/2021
Amruta Mangesh Sonawane
V/S. Mangesh Murlidhar Sonawane
ORDER BELOW INTERIM APPLICATION DATED 17/08/2021
The applicant has filed the present application under section
12 of the Protection of Woman from Domestic Violence Act, 2005 (in short
D. V. Act), wherein the present application under section 23 has been filed
for interim relief regarding maintenance and protection order. According
to the applicant she is legally wedded wife of respondent No.1 and their
marriage took placed on 06/03/2011. Out of said wed lock the applicant
has one son by name Hardik, who born on 22/06/2012 and one daughter
by name Mansvi, who born on 19/03/2018.
2. It is contended that, after some days of the marriage
respondents change their behaviour and attitudes towards the applicant. It
is contended that, the respondent No.1 daubted on the applicant on the
suspicion that she has relations with one person by name Narendra. It is
further contended that, the respondent No.1 used to came on late night in
the home and used to abused in filthy language and also used to beat her.
The respondent No.2 to No.4 passed unwanted remarks towards the
applicant regarding her domestic works. Respondents used to behave in
indecent manner with the applicant. It is further contended that, the
applicant due to said cruelty of respondents left her matrimonial home and
started to reside with her mother from 01/09/2020. However, the
respondent No.1 also visited to the said home and harassed the applicant.
It is further contended that, due to the said attitudes of the respondents
she left her mother's house. Thereafter, the applicant started to reside with
Mrs. Beby Sharma. It is further contended that, the applicant has lodged
N.C. report in Vashind police station against the respondent.
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3. It is further contended that, The respondent No.1 has not
paying any amount of maintenance to the applicant and her children. The
respondent No.1 working in ORRA Gold company and getting income of
R.80,000/- p.m. The Respondents owned two rooms and having income of
R.1,00,000/-p.m. Thus, respondents are financially sound but they are
neglecting the applicant and her children. Therefore, the applicant filed
the present application under the provision of Domestic Violence Act.
Lastly, the applicant prayed that, application be allowed and respondents
be directed that, they shall not alinate any assets including gold and silver
ornaments and also sought relief of injuction against respondents that,
respondents shall not commit any domestic violence. The applicant also
sought relief that, she shall not dispossessing from her house against
respondents and also sought relief of maintenance to the tune of
R.20,000/- p.m. for her and her children from the respondent No.1.
4. The respondent No.1 has resisted the application by filing his
say, at Exh.3. the respondent No.1 denied all the contention of the
applicant in toto. The respondent No.1 denied that, they have caused any
kind of domestic violence to the applicant, as alleged. It is contended that,
the applicant used to talk on phone with Narendra and when the
respondent No.1 requested her that, not to talk with said Narendra the
applicant has falsely implicated in the said false case. It is further
contended that, the applicant herself left the home of respondents.
Respondent No.2 to No.4 have unnecessarily made party to the
proceeding. The respondent No.1 has taken all care and precautions of the
applicant, while she was pregnant and he has borne expenses of delivery
of the applicant. The applicant did not allow the respondent No.1 to meet
his children. It is further contended that, the applicant is also doing private
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job at Santacruz and getting salary of R.30,000/- p.m. Therefore, she is not
entitled to any relief, as sought. The applicant has relations with
Narendra. Therefore, the respondent is under mental tress. Lastly, the
respondent prayed that, the application is false therefore, be rejected with
cost.
5. The applicant in support of her application filed on record
affidavit, her marriage certificate, birth certificates, leave and licence
agreement and copy of NC. The applicant has filed on record her affidavit
of assets and liabilities, which is at Exh.5. The respondent in order to
substantiate his defence filed on record copies of notices dated
20/05/2021 and 14/06/2021, at Exh.9-1 and 9-2. the respondent has filed
his affidavit of assets and liabilities, at Exh.4.
6. I have heard elloborated arguments of Ld. Advocate Shri S. S.
Dubey for the applicant and Ld. Advocate Shri J. L. Sonawane for
respondents. I have also considered written notes of argument filed by the
respondent, which is at Exh.7.
7. Before proceed to further I would like to state here that, the
domestic relations in the nature of marriage between the applicant and the
respondent No.1 are admitted and they have two children by name Hardik
and Mansvi from the said wedlock.
8. Ld. Advocate Shri S. S. Dubey submits that, after marriage the
respondent have changed their conduct towards the applicant and started
to give illtreatment to her. Respondent No.1 harassed the applicant and
other respondent No.2 to No.4 have also caused domestic violence in the
nature of physical and emotional abuses to the applicant. Due to said
conduct of respondents the applicant started to reside with her mother.
However, the respondent No.1 used to visit to said home and also caused
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domestic violence. The respondent No.1 doubted the chastity of the
applicant, even he has denied the patternity of daughter Mansvi.
Therefore, the applicant has proved the domestic violence. The respondent
No.1 is serving in company and getting salary of R.80,000/- p.m. Percontra,
the applicant has no means of maintenance, she is unable to maintain
herself, as well as her children. Therefore, application be allowed, as
prayed.
9. Per contra, the Ld. Advocate Shri Sonawane for respondents
submits that, the applicant has relations with Narendra. The said fact
caused mental tress to the respondent No.1. The applicant voluntarily left
the matrimonial home, therefore, she is not entitled to get any relief, as
sought. He further submits that, no domestic violence, as alleged by the
applicant has been caused by the respondents to the applicant. Therefore,
application be rejected.
10. First of all, in order to get relief under section 23 of domestic
violence Act the applicant has to prove that, she has been subjected to
domestic violence at the hands of respondents. It is to be noted that, the
copy of NC placed on record shows that, application has reported to police
in respect of the incident dated 09/06/2021 which shows that, the
respondent No.1 on the ground that, the applicant has not allowed him to
access to child caused violence to applicant. He has beaten her by fist
blows and kicks. Therefore, it prima-faciely appears that, the applicant is
subjected to physically, as well as emotionally abused at the hands of
respondent No.1.
11. So far as, economical abuse is concerned since 2021 the
respondent has not paid any single penny to the applicant for maintenance
for her, son and daughter, which certainly amounts to economical abuses,
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as per the definition economic abuse given in section 3 of the Domestic
Violence Act. Therefore, I am in opinion that, the applicant has proved
that, she has been subjected domestic violence at the hands of respondent
No.1.
12. So far as, relief sought by the applicant are concerned the
respondent in his affidavit of assets and liabilities admitted that, he has
having salary of R.70,000/- p.m. He is also having dependents. The
respondent No.2, who is mother of respondent No.1 also getting pension
to the tune of R.13,000/- p.m. Now the applicant is wife and Hardik and
Mansvi are children of respondent No.1. Therefore, it is boundent duty of
respondent No.1 to maintain them.
13. So far as, source of income of the applicant is concerned she
in her affidavit of assets and liabilities stated that, she has no income
source. The respondent No.1 contended that, she is having private job and
getting R.30,000/- p.m. However, in order to substantiate the said
contention the respondent No.1 have not filed any documents on record.
Therefore, I hold that, applicant is unable to maintain herself and unable
to maintain her children. Being husband of the applicant and father of
children the respondent No.1 is under obligation to maintain the applicant
and children.
14. So far as, quantum of maintenance is concerned the
respondent No.1 is having salary to the tune of R.70,000/-. No doubt he is
having responsibility of her old mother and he is also have to pay
installments of loan. Considering these facts and considering basic needs of
the applicant and her children, I am of the opinion that, the amount of
R.15,000/- p.m., as a maintenance for the applicant and her children can
be awarded from respondent No.1.
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15. So far as, other relief are concerned the applicant has sought
relief of prohibition that, respondent shall not cause any kind of domestic
violence. NC reports are in favour of the applicant. It is apprehention in
the mind of applicant that, the respondents would cause domestic violence
to her. Therefore, the prohibition order against respondents can be passed.
16. So far as, relief regarding restraining from alienating assets
and gold and silver ornaments is concerned, no particulars have been
given by the applicant in respect of immovable property nor she has given
any documents regarding her stridhan. Therefore, relief sought to that
effect cannot be granted.
17. The applicant also sought relief of rent to the tune of
R.5,000/- p.m. from the respondent No.1. In order to show that, she is
paying the monthly rent to the tune of R.5,000/-, she relied on copy of
leave and licence agreement, which is not at all registered. I am of opinion
that, as a matter of fact the applicant and her children used to reside
separately from the respondent No.1. Therefore, accommodation
equivalent to accommodation of respondent No.1 is to be given to the
applicant by the respondent No.1. Therefore, I am of opinion that, the
amount of R.2,500/- p.m. is sufficient for meeting expenses of rent to the
applicant from the respondent No.1. Considering all above aspects, I
proceed to pass following order.
ORDER
1 The application is partly allowed.
2 All respondents shall not cause any kind of domestic
violence to applicant and her children i.e. son Hardik and
daughter viz. Mansvi.
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3 The respondent No.1 shall pay R.15,000/- p.m. to the
applicant and her children i.e. son Hardik and daughter
viz. Mansvi, as interim maintenance from date of filing of
present application.
4 The respondent No.1 shall also pay amount of R.2,500/-
p.m. for alternate accommodation to applicant.
5 The respondent No.1 shall pay cost of R.5,000/- of this
application to the applicant.
6 Copy of order be given free of cost to both the parties.
Mumbai.
Date : 23/08/2023.
SRD.
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on :- 23/08/2023.
Transcribed on :- 24/08/2023.
Checked on :- 25/08/2023.
Signed on :- 25/08/2023.
SRD
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