Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: 1 C.C.NO.93/DV/2022
IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
09TH COURT, BANDRA, MUMBAI
C.C.NO.93/DV/2022
Sonali Pramod Pawar @ Sonali
Dhruv(Sufiyan) Shaikh …... Applicant
Vs.
Mr. Dhruv @ Sufiyan Shaikh & Anr. …... Respondents.
ORDER BELOW APPLICATION(EXH.04) FOR INTERIM PRAYERS
This application is filed under Section 23 of The Protection
of Woman from The Domestic Violence Act, 2005 ( for short 'Act') for
grant of interim reliefs as prayed in the prayer clause.
2. Perused the application (Exh.04) and the reply(Exh.05)
filed by the respondent. Referred the documents filed by the applicant
and the respondent. Heard Ld. Advocate for the applicant and the
respondent. Following points arose for determination. Findings are
recorded against each of them for reasons to follow:
Sr.
No
.
POINTS FINDINGS
1. Whether the application prima
facie discloses that applicant is
victim of domestic violence by the
act of omission and commission by
the respondents ?
Yes
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2. Whether the applicant is entitled
for protection order under Section
18 of the Act restraining the
respondents from committing,
aiding or abetting any act of
domestic violence?
Yes
3. Whether the applicant is entitled
for maintenance of Rs.20,000/ per
month from the respondent as
stated in the application?
Yes.
Rs.10,000/ per month
4. Whether the applicant is entitled
for compensation under Section
22 of the D.V.Act ?
No
5. What order? Application is partly
allowed.
R E A S O N S
As To Point No.1:
3. The applicant and the respondent No.1 fall in love with
each other in the year 2010. Both lived in a relationship for four years.
The applicant is Hindu since birth. The respondent No.1 and 2 are
Muslims since birth. The respondent No.1 got converted into Hindu on
30/10/2013. On 30/10/2013 the marriage was solemnized in between
the applicant and the respondent No.1 as per Hindu Vedic Rites and
Rituals at Shree Vishweshvar Mandir, Nirmal Nagar, Bandra(East),
Mumbai. After starting cohabitation with respondent No.1 and 2
applicant was forced to wear Burkha by her motherinlaw i.e. the
respondent No.2. For the sake of respondent No.1's parents and
family, marriage of the respondent No.1 and applicant was solemnized
as per Muslims customs. The applicant came to know that the
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respondent No.1 is engaged in some type of addiction and used to come
home at late night. The respondent No.1 used to beat the applicant
whenever question was raised about coming late and smoking drugs.
After persuasion the respondent No.1 slowly and gradually get out of
the drug addiction. The motherinlaw of the applicant used to call the
applicant as ' kacharewali' and used to tell the neighbourers that
applicant do not work properly at home. On medical advise and check
up of the applicant and respondents it was found that there is some
medical problem with the respondent No.1 to have a child. The
respondent No.1 was operated so that the applicant and the respondent
No.1 to get child out of their marriage. The respondents tried black
magic on the advise of some Maulana. In the month of January 2022
the applicant came to know that the respondent No.1 is planning of a
second marriage. In the month of May 2022 the applicant came to
know about Walima function of respondent No.1 was to be held on 26th
May 2022. The applicant has filed N.C. report on 24/05/2022 and also
issued legal notice to stop and cancel the second marriage of the
respondent No.1. It is the contention of the applicant that the
respondent No.1 has never helped her financially to make her
livelihood. The respondent No.1 has not taken any care to provide
financial help to meet the education and needs of their only daughter.
4. The respondent has not denied marriage performed with
the applicant on 30/10/2013 as per Hindu Vedic Rites. It is also not
disputed by the respondents that the respondent No.1 converted himself
from Muslim religion to Hindu religion at the time of marriage. After
few months of marriage applicant started to show her true colour by
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clarifying petty issues, not cooking food and not maintaining household
work properly by giving excuse that she is not feeling well. The
applicant was not ready to cohabit in a joint family of respondent No.1.
The respondent No.1 has to take separate residence to cohabit with the
applicant. Inspite of that the applicant was not doing household work
properly and timely and was not cooking food after living separately.
On the persuasion by secretary of Agni Mahila Mandal the applicant
left the house of respondent No.1 and went to her parental house after
staying five to seven days only. The applicant has stated in a written
statement on 07/01/2021 at Mahila Atyachar Pratibandhak Crime
Branch, Mumbai that she wants divorce from the respondent No.1. The
applicant has converted herself from Hindu religion to Muslim religion
on 30/12/2017 and the applicant has changed her name from Sonali
Pawar to Simran. This conversion of religion was done by Muslim
Quazi. The applicant has also got her converted name published in the
gazette of Government of Maharashtra. Inspite of issuing notice of
Conjugal Rights on 16/10/2020 the applicant refused to join company
of the respondent No.1.
5. It is clear from the allegations made by the applicant and
contentions made by the respondent that applicant is legally wedded
wife of the respondent No.1. The applicant is aggrieved person within
the meaning of Section 2(a) of the Act. The specific allegations are
made by the applicant that the respondent No.1 married with another
woman. The respondent No.1 has not denied specifically this fact that
he did not marry with any other girl other than the applicant. The
notice dated 24/05/2022 issued to the respondent No.1 clearly
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establishes prima face that the respondent No.1 has married with some
another girl. Marrying another girl without having legal divorce from
first wife amounts to domestic violence as defined under Section 3 of
the Act. The applicant has prima facie proved that the respondent No.1
has married with another girl without legally separating from the
applicant.
6. The respondent No.1 has a legal and moral duty to support
economically and share financial resources being legally wedded wife.
The respondent has not take any care or has not shown any willingness
to share economic resources with the applicant and her daughter to
meet their livelihood. This omission and act of the respondent No.1
falls within the definition of Section 3 of the Act as economical abuse.
7. On the basis of the averments and the documents placed on
record there is not hesitation to hold that prima facie the applicant is
the victim of the domestic violence. Finding to Point No.1 is recorded
in the affirmative.
As to Point No.2:
8. The domestic violence is proved against the respondents.
The allegations about conversion of religion by the applicant and the
respondent No.1 may lead to further act of domestic violence to the
applicant. It is necessary in the facts of the case that the respondent
shall be directed to restrain from committing or abetting act of domestic
violence against the applicant. For these reasons finding to Point No.2 is
recorded in the affirmative.
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As to Point No.3:
9. The applicant has prayed for interim maintenance of
Rs.20,000/ per month. The applicant has contended that the
respondent No.1 is working in the shop and earn Rs.70,000/ to
Rs.80,000/ per month. In the affidavit of assets and liabilities the
applicant has stated that the income of respondent No.1 is Rs.70,000/
to Rs.80,000/ per month. The applicant has categorically stated in the
affidavit of assets and liabilities that she is not having any income and
she has to maintain herself and her daughter. The respondent No.1 has
stated in his affidavit of assets and liabilities that he is having income of
Rs.8,000/ per month
10. The applicant has prayed for maintenance of Rs.20,000/
per month. The quantum of maintenance is to be decided according to
the standard of living of the parties, their income, liabilities and the
persons depend on them. The quantum of maintenance shall not be
exorbitant but it should be just and reasonable.
11. The applicant has not mentioned specifically about the
business activities in which the respondent is working and getting
income of Rs.70,000/ to Rs.80,000/ per month. The respondent has
also not specifically mentioned from where he gets income of
Rs.7,000/ to 8,000/ per month. The standard of living of the applicant
and the respondent No.1 appears to be a middle class family. The
responsibility of the applicant and the respondent No.1 is to maintain
and provide education to the daughter. Taking into consideration the
standard of living of the applicant and the respondent No.1, the
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expenses and the income of the applicant and the respondent No.1, an
amount of Rs.10,000/ per month will be just and reasonable at the
interim stage. Accordingly finding is recorded to Point No.3.
As to Point No.4:
12. The applicant prayed for interim compensation. The
compensation can be granted at the final decision of the application.
The applicant has not shown any reason for urgent relief of
compensation. In absence of any strict evidence amount of
compensation cannot be decided at this juncture. Finding to Point No.4
is recorded in the negative with following order.
O R D E R
1. Application is partly allowed.
2. The respondent is directed to pay interim maintenance of
Rs.10,000/(Rupees Ten Thousand only) per month to the applicant
from the date of application till decision of main application.
3. The copy of the order be given to both the parties free of
cost and the compliance be made under Section 24 of the Act.
4. Dictated and pronounced in the open Court.
Sd/
( K.H.Thombre )
Addl. Chief Metropolitan Magistrate,
Date : 14.02.2024 9th Court, Bandra, Mumbai
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