Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment ~1~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
CNR No.MHMM18-004821-2021 Filed on : 26/08/2021.
Registered on : 26/08/2021.
Decided on : 24/02/2026.
Duration : 04 Y., 05 M., 29 D.
Exh. : 7
IN THE COURT OF THE JUDICIAL MAGISTRATE, (FIRST CLASS),
71ST COURT, BANDRA, MUMBAI.
(PRESIDED OVER BY SHRI. ATUL B. JADHAV)
(J.O.Code-MH1900)
C. C. No.151/DV/2021
RUBI RAKESH DHOBI
Age: 26 Years.
Occupation : Housewife.
Address: KUNCHIKURVE NAGAR,
LANE NO-10, P AND T COLONY,
OPP. SAIBABA MANDIR, KALINA,
SANTACRUZ (E) MUMBAI 98.
…. Applicant.
V/s.
1 RAKESH NARSIMMAL DHOBI
Age: 28 Years.
Occupation : Service.
Address: KUNCHIKURVE NAGAR,
LANE NO-10, P AND T COLONY,
OPP. SAIBABA MANDIR, KALINA,
SANTACRUZ (E) MUMBAI 98
2 MAREMA NARSIMMAL DHOBI
Age: 52 Years.
Occupation : Housewife.
Address: KUNCHIKURVE NAGAR,
LANE NO-10, P AND T COLONY,
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Judgment ~2~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
OPP. SAIBABA MANDIR
KALINA, SANTACRUZ (E), MUMBAI 98 …. Respondents.
Appearance : Learned Advocate Shri Rasu Santosh Singh for the
applicant.
: Proceeding exparte against respondents.
J u d g m e n t D a t e :-24/02/2026
The applicant has filed the present proceeding under the
provisions of The Protection of Women From Domestic Violence Act,
2005 (here-in-after referred as, 'the PWDV Act') against respondents.
2. The applicant’s case in nutshell as under,
The respondent No.1 is her husband and respondent No.2
is mother of respondent No.1. It is contended that, her marriage with
respondent No.1 taken place on 19/04/2017. Since their marriage was
love marriage family of respondent No.1 not accepted applicant initially,
thereafter, they allowed applicant to live in house. Respondent No.1
have suspicion on character of applicant and both respondents assaulted
and abused her on any household reasons. Respondent No.1 not
allowed applicant to do job and restricted her to go out of home, also he
used to visit at job place of applicant and there he used to damage her
reputation.
3. Further, it is contended that, after two to three years of
marriage, when she unable to conceive the child, her mother-in-law
taunted her ‘
Vanzoti’. It is contended that, the respondent No.1 is Dance
Teacher and getting salary to the tune of I. 18,000/- p.m. tough he
never given her money for expenses and for medical treatment.
Respondent No.1 also not taking her care When she was suffering from
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Judgment ~3~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
T.B. and at the time of her pregnancy respondent No.1 assaulted her
which caused abortion to her. Respondent No.1 also used to give threats
to applicant to kill her and he also misappropriated her Stridhan.
Respondent No.1 forced her for sexual relations and forcibly shown her
obscene images and videos on mobile. Since October 2020 applicant
and respondent No.1 used to live separate but respondent No.1 not paid
rent.
4. Thus, according to the applicant she is subjected to
domestic violence at the hands of respondents. Therefore, the applicant
constrained to file the present proceeding and prayed that, respondents
be directed not to harass her in any manner by passing protection order.
The applicant also sought relief of I.5,000/- p.m., as a maintenance and
also sought relief of residence, further the applicant claimed the
compensation of I.2,00,000/- from respondents.
5. The respondent No.1 and No.2 failed to submit their
written statements, therefore, by passing order dated 12/10/2022 the
proceeding proceeded without their reply.
6. Considering the rival contentions of the applicant following
points are arises for determination. I have recorded my findings thereon
for the reasons, as under :-
Sr. No. Points Findings
1. Does the applicant proved that, she
has been subjected domestic
violence at the hands of
respondents ? Partly Affirmative.
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Judgment ~4~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
2. Is applicant entitled for relief of
Protection Order, as she prayed? Partly Affirmative.
3 Is applicant entitled for residence
order, as prayed ? Negative.
4 Is applicant entitled for
maintenance, as prayed, from the
respondent No.1 ?
Partly Affirmative.
5 Is applicant entitled for
compensation, as prayed, from the
respondent No.1 ?
Partly Affirmative.
6. What order? Application is
partly allowed.
REASONS
7. The applicant in order to substantiate her claim she relied
on her own evidence, which is at (Exh.-4). The applicant has closed her
evidence by filing pursis (Exh.-5). Applicant also filed her affidavit of
Assets and Liabilities (Exh.-6). She also filed on record Copy of Letter to
Protection Officer dated 13/08/2021, Copy of Tax invoice in respect of
gold chain, Copy of N.C. No.331/2020, registered with police station –
Vakola, Copy of Medical Report, Copy of her Aadhar Card, Copy of
Marriage Certificate.
8. The proceeding proceeded against respondents No.1 and
No.2. There is no evidence adduced by the respondents
.
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Judgment ~5~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
9. I have heard elaborated arguments of Ld. Advocate Shri
Singh for the applicant.
AS TO POINT NO.1 :-
10. In order to grant relief in favour of the applicant under the
provision of Domestic Violence Act, the applicant has to prove that, she
has been subjected domestic violence at the hands of respondents. The
applicant in her evidence at (Exh.-4) reiterated her contentions made in
the application. According to the applicant the respondent No.1 is her
husband.
11. Further, the applicant deposed that, on any petty issue
respondents beaten her and threatened her. After two to three years of
marriage when she was unable to conceive the child she was taunted by
respondent No.2 as a ‘
Vanzoti’. The respondent No. 1 also doubted her
character. She has given instances of physical assault at the hands of
respondent No.1. The respondent No.1 has not provided any means of
maintenance and nor provided any medical assistance to her when she
was suffering from TB. Further respondent No.1 assaulted her when she
was pregnant, which caused her abortion.
12. It is to be noted that, the proceeding is proceeded without
reply of respondents No.1 and No.2. The evidence adduced by the
applicant is on oath, which not challenged by the respondent, therefore,
there is no reason to disbelieve her evidence. It is also not denied by the
respondent No.1 and No.2 by filing their reply that, they have assaulted
or tortured the applicant. Even there is no evidence adduced by
respondents and denied the story putforth by the applicant.
13. From the evidence of the applicant it reveals that, due to
harassment of respondents she constrained to filed the present
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Judgment ~6~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
application. The evidence of the applicant on the point of assault and
abusive language used by the respondent No.1, is remained
unchallenged. No material placed on record by the respondents to
disbelieve the said version of applicant. Therefore, I hold that, the
applicant is subjected domestic violence at the hands of respondent
No.1. Hence, I record my finding to point No.1, as in the partly
affirmative only against respondent No.1.
AS TO POINT NO.2 :-
14. This point is in respect of the protection order sought by
the applicant against the respondents. The applicant is wife of
respondent No.1. There is domestic relationship between them. While
recording answer to the point No.1 I hold that, respondent No.1 is
causing domestic violence to the applicant. Therefore, in order to
protect life and limb of applicant the protection order can be passed
against the respondent No.1. Hence, I record my finding to point No.2,
as in the partly affirmative.
AS TO POINT NO.3 :-
15. This point is in respect of residence order sought by the
applicant against the respondent No.1. it appears that the applicant
used to reside at Gupta Chawl, Rajiv Nagar, Datta Mandir Road, Vakola,
Mumbai. at present it can not be said that, she is totally shelterless,
therefore, without any co-agent evidence regarding her shelter no relief
regarding residence can be passed in favour of applicant. In such
circumstances, I am opinion that, the applicant is not entitled to any
residence order against respondent No.1. Hence, I record my findings to
point No.3, as in the negative.
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Judgment ~7~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
AS TO POINT NO.4 :-
16. This point is in respect of prayer of maintenance by the
applicant against the respondent No.1. It is to be noted that, while
answering point No.1 I hold that, the applicant is aggrieved person and
subjected the domestic violence at the hands of respondents. It is
contended that, she is doing job of market research in IPSOS Research
and getting monthly income to the tune of I.12,000/- p.m. and
according to her which is not her fixed income. It is contended that, the
respondent No.1 is Dance Teacher and getting salary to the tune of
I.18,000/- p.m. and the said version reflected in the affidavit of Assets
and Liabilities (Exh.-6) filed by the applicant.
17. It is to be noted that, since 2020 applicant and respondent
No.1 started to reside separately. The applicant was not having income
source. Therefore, there is no choice but to do job for livelihood for the
applicant. Therefore, it does not mean that, the applicant is able to
maintain herself. It is to be noted that, the respondent from the
affidavit of Assets and Liabilities it appear that, getting income to the
tune of I.18,000/- p.m. The said version of applicant is remain
unchallenged. Hence, it cannot be disbelieved. Considering the basic
needs of the applicant, hiking prices of essential commodities and
respondent No.1 being able bodied person, I am opinion that, the
maintenance of I.2,500/- p.m. to the applicant is sufficient, as a
maintenance to the applicant. Hence, I record my findings to point
No.4, as in the partly affirmative.
AS TO POINT NO.5 :-
18. This point is in respect of compensation claimed by the
applicant. According to the applicant due to domestic violence at the
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Judgment ~8~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
hands of respondents, she got mental agony. However, no specific
evidence adduced by the applicant in order to show that, she suffer
damages due to act of the respondent No.1. The applicant certainly
suffers mental agony for that, purpose she is entitled to compensation
to the tune of I.75,000/- from the respondent No.1. In the result, I
record my finding I record my findings to point No.5, accordingly and I
proceed to pass following order.
ORDER
(i) Application is partly allowed only against respondent
No.1.
(ii) The respondent No.1 shall not cause any kind of
domestic violence to the applicant.
(iii) The respondent No.1 shall pay the amount of I.2,500/-
p.m. to the applicant, as a maintenance from the date of
filing of present application.
(iv) The respondent No.1 shall pay amount of I.75,000/-, as
a compensation to the applicant.
(v) The respondent shall pay amount of I.10,000/-, as a
cost of proceeding to the applicant.
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Judgment ~9~ C. C. NO.151/DV/2021
CNR No.MHMM18-004821-2021 RUBI RAKESH DHOBI
V/s. RAKESH NARSIMMAL DHOBI & Ors.
(vi) The copy of the judgment be given to applicant and
respondents free of costs.
Date:-24/02/2026.
SRD.
( A. B. Jadhav )
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date:-24/02/2026.
Dictated on :- 24/02/2026.
Transcribed on :- 24/02/2026.
Checked on :- 26/02/2026.
Signed on :- 26/02/2026.
SRD
CERTIFICATE
I affirm that, the contents of this P.D.F. file judgment are same word for
word, as per original judgment.
Court Name Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Name of Stenographer Sandeep Rambhau Darekar.
Date of pronounce of judgment 24/02/2026.
Date of sign of judgment 26/02/2026.
Date of upload of judgment 26/02/2026.
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