Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: : 1 : Case No. 58/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI.
CASE NO. 58/DV/2018
Jeney Samuel David ... Applicant
Vs.
David Libney & Anr. ... Respondents
ORDER BELOW EXH.3 FOR INTERIM RELIEF
1] The applicant filed present application u/s.23 of the
Protection of Women from Domestic Violence Act (hereinafter
referred to as 'The Act' for the sake of brevity) for granting interim
reliefs in form of prohibitory order, alternate accommodation,
interim maintenance and injunction order restraining the
respondents from creating third party interest and to alienate in
respect of matrimonial house during the pendency of application.
2] The applicant stated that the marriage of applicant with
respondent no.1 was solemnized on 08/05/2013 as per Christian
rites at Leela Kalyana Mandapam, Chekkalmukku, Sreekaryam,
Trivandrum, Kerala. At the time of marriage her grandparents given
Rs.6,00,000/ to the respondents beyond their capacity. After
marriage the respondent no.2 started harassing the applicant for
dowry. The respondents demanded Rs.6 Lakhs for purchase of plot
of land. In the month of JulyAugust she was assaulted by
respondents. On 02/07/2014 the respondents quarreled with the
applicant and abused her in bad words. The respondent no.1
mercilessly assaulted her and told her to die by jumping in the well.
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The respondents insisted her to leave the house. They suspected her
character by stating her prostitute. The applicant further submits
that the respondent is not maintaining her properly. He used to
assault and abuse her in bad words. The respondents drove out of
her house and compelled her to reside with her grandparents at
Mumbai. She has no any source of income to maintain herself. The
applicant submits that the respondent no.1 was an Assistant Pastor
with the Libny Church and earning Rs.50,000/ per month and now
he is senior priest. But he is not maintained to the applicant. The
applicant is unable to maintain herself. Therefore, she prayed
Rs.25,000/ as interim maintenance and alternative accommodation
may be granted. The applicant further prayed to pass order of
injunction restraining the respondents from creating any interest
over the matrimonial house situated at Libney Church House,
Thiruvananthapuram. The respondents be prohibited from
committing any violence to the applicant.
3] The respondents filed their common say on main
application Exh.1 and interim application Exh.3 and denied all the
allegations made by the applicant. The respondents never committed
any domestic violence and not demanded any amount from the
applicant. The application is filed on false ground. The allegations of
applicant are totally false and meritless. Without any incidence the
false incidence has been shown by the applicant to file this
application. The applicant is not come with clean hand before this
Court. The respondents further submits that the marriage expenses
were spent by father of respondent. He has no any property of his
own. He never demanded amount of Rs.6 Lakhs for purchase of plot
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of land. The applicant often unnecessarily picked up quarrels with
the respondents and abused them. The applicant is educated lady
and working at computer billing section and getting salary of
Rs.20,000/ per month. The respondent no.1 submits that he is a
church paster and he has monthly income of Rs.12,000/ and his
widow mother is totally depending upon him, she is heart patient
and had undergone heart operation. To support his contention he
has filed on record a salary certificate dated 29/05/2018. The
application is only filed to harass the respondents as she does not
want to reside at Kerala. Hence, they lastly prayed to reject the
application.
4] Heard the advocates of applicant and respondents
alongwith the documents filed on record. Gone through the written
argument of respondents filed on record.
5] This is an application for interim maintenance and
interim protection from the violence. Therefore, at the time of
passing the interim order the another merit in the main application
may not be considered.
6] After going trough the application and submission, it
clearly reveals that the relation between parties are admitted. The
applicant residing separately. The respondent no.1 not made any
arrangement about the maintenance of the applicant. It is the
submission of respondent no. 1 that he is serving and having
payment of Rs.12,500/. The respondent no.1 is only submitted that
his aged mother is depended upon him. Considering his submission
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and admission, it is to be considered about the quantum of interim
maintenance. Though his mother is depended upon him, but it is the
duty of respondent no.1 to maintain his wife. Therefore, it clearly
reveals that the applicant is unable to maintain herself. She needs to
maintain by respondent no.1. The respondent no.1 is admitted he is
in service and getting monthly salary. The documents filed on record
shows that the respondent no. 1 getting monthly salary of
Rs.12,500/ per month. The contention of respondents is that the
applicant is working lady and earning salary of Rs.20,000/ per
month but he has not brought on record any documentary evidence.
The applicant has not filed any document about the matrimonial
house owned by respondent. As well as applicant has not filed any
evidence about the rent. She is residing on rent.
7] Considering the day to day necessities, cost and standard
of living and earning source of respondent no.1 the applicant is
entitled for interim maintenance. Hence, I find it is to be proper to
grant interim maintenance of Rs.5,000/ per month to the applicant.
It is also proper to restrain the respondents for causing any violence
to the applicant. The applicant not filed any document about the
alternative accommodation or any agreement of leave and license to
grant rent or any further relief. Hence, I pass the following order.
ORDER
a] The respondents are hereby restrained from
committing any act of domestic violence against the
applicant till decision of main application.
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b] The respondent no.1 is hereby directed to pay amount
of Rs.5000/ (Rupees Five Thousand only) per month
as interim maintenance to the applicant from the date
of filing of present application.
c] The prayers of applicant to provide alternate
accommodation and not to create third party interest
over matrimonial house are rejected.
d] The copy of the order be given to the both parties and
Police Officer of police station concerned, free of cost.
Mumbai.
Date : 01/11/2019
( Jaydeo Y. Ghule )
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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