Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. NO. 92/DV/2022
Kausar & Ors. V/s. Haifz and Ors.
ORDER BELOW EXH.-2
Applicants have filed the present application under section 23
of the Protection of Woman from the Domestic Violence Act, 2005 (here-
in-after referred as, 'the PWDV Act') for maintenance against the
respondent No.1. According to the applicant No.1 she is legally wedded
wife of the respondent No.1 and their marriage has been taken place on
06/05/2017 and out of said wedlock they have one son by name
Abdulhannah, who borne on 14/01/2018. It is contended that, respondent
No.1 is doing business in the name and style of New Zaki Bakery Store, at
Naya Nagar, Mira Road, Bhayander, and earning income of I1,50,000/-.
Respondents No.2 to No.7 are relatives of respondent No.1 and respondent
No.8 is second wife of respondent No.1. He is also having joint share in
shop No.6, New Dream Diamond building, Naya Nagar, Mira Road,
Bhayander and earning income to the tune of I25,000/- p.m.
2. It is further contended that, after marriage applicant No.1
went with respondent No.1 at her matrimonial home. The ornaments and
gifts given in the marriage of applicant are in the custody of respondent
No.2, who is mother-in-law of applicant No.1. It is contended that, initial
six months of marriage went normally. Thereafter, at the instigation of
respondent No.2, respondent No.1 started to harass the applicant No.1.
Respondent No.2 used to pass sarcastic comments against applicant and
flaunt her on every now and then. The applicant No.1 narrated said facts
to the respondent No.1 but the respondent No.1 did not pay heed and
beaten applicant No.1 mercilessly. The respondent No.1 also asked her to
bring I50,000/- from her parents, but due to poor financial condition her
parents could not fulfill the demand of respondents.
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C. C. NO. 92/DV/2022 ORDER BELOW EXH.-2
3. Further, it is contended that, The respondent No.2 used to
abuse applicant in filthy language and also assaulted her. It is contended
that, on 29/10/2014 the applicant No.1 was at her parents home. The
respondent No.1 came there and raised quarrel with applicant and her
parents. Therefore, applicant has lodged N.C. report No. 2970/2018 in
Santacruz police station. Thus, it is contended that, the applicant No.1 is
subjected to domestic violence at the hands of respondents. Therefore, she
constrained to file the present proceeding under the provision of Domestic
Violence Act. Lastly, applicants prayed that amount of I40,000/- p.m. be
granted from the respondent, as a maintenance.
4. The respondent No.1 by filing his say at (Exh.-7) and (Exh.-8)
denied all the contention of applicant in toto except the relationship.
Respondents denied all the allegations made against them. It is contended
that, the applicant No.1 has never performed any duty towards respondent
No.1. She insisted him for separate residence but respondent did not
allow. Member of applicant’s family used to raise quarrel and harass
respondent No.1. The respondent No.1 contended that, he has not
committed any act of domestic violence and he has never failed in his
matrimonial obligations or duties. Applicant never cooked food for
respondent No.1 and never she has given any type of respect to respondent
No.1, as her husband.
5. Further, it is contended that, After 8 months of marriage
applicant started to raise quarrel and increase her demand of separate
house and on that count she failed to perform any work of respondent like
cooking, washing etc. therefore, due to which respondent No.1 has taken
separate accommodation, at Nalasopara but applicant also failed to
perform duty towards respondent No.1. It is contended that, applicant by
taking disadvantage, filed false complaint, in fact respondent No.1 became
victim. It is contended that, he is doing job of teaching Kuran to children in
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C. C. NO. 92/DV/2022 ORDER BELOW EXH.-2
Masjid and earning I10,000/- to I12,000/- p.m. somehow, he is
maintaining himself, second wife and child. Lastly, respondent No.1
prayed that application be rejected.
6. Considering the rival contention of both parties 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 No.1 proved
that, she has been subjected
domestic violence at the hands of
respondents? Yes.
2. Are applicants entitled for relief of
maintenance, as they prayed? Partly Yes.
3. What order? Application is
partly allowed.
REASONS
7. Applicants in support of their contention relied on the
documents i.e. Nikanama, Phtocopy of second marriage of respondent
No.1, Birth Certificate of applicant No.2, N.C. report and affidavit of Assets
and liabilities.
8. Respondents in support of their prayer relied on the copy of
rent agreement which is alongwith (Exh.-5) and affidavit of Assets and
liabilities.
9. I have heard elaborated arguments of Ld. Advocate Shri O. P.
Singh for applicants and Ld. Advocate Shri A. R. Dube for respondents and
also considered written notes of arguments, which is at (Exh.-6).
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C. C. NO. 92/DV/2022 ORDER BELOW EXH.-2
As to point No.1 :-
10. This issue in respect of whether respondents caused domestic
violence to applicant No.1. Before proceed further, I would like to state
here that, relationship in between applicants and respondent No.1 is
admitted to each other. It is also admitted fact that, respondent No.1 had
performed second marriage with respondent No.8. The applicant No.1
contended that, she has been subjected verbal abuse as well as physical
abuse at the hands of respondents No.1 and No.2, which amounts to
domestic violence.
11. The applicant in support of her contention relied on copy of
NC report, which shows that the applicant No.1 had filed report to
Santacruz police station stating that, on 29/10/2018, when she was at her
parental home the respondent No.1 came there and threatened her for
come with him to matrimonial home. At that time, her father tried to
intervene then respondent No.1 had abused and also assaulted to father of
applicant. It has further come on record that, since 2020 the applicant and
respondent No.1used to reside separately. The report of NC shows that,
there was dispute between respondent and applicant and she has been
subjected to domestic violence at the hands of respondent No.1.
12. The respondent No.1 in order to prove that, he has taking
separate accommodation filed copy of leave and licence agreement. But it
reveals that, said leave and licence agreement is executed on 25/01/2023.
Therefore, it appears that it is inconsistent with case putforth by the
respondent because the proceeding came to be filed in the year 2022.
13. From the pleadings and documents placed on record, I held
that applicant has prima-faciely proved that, she has been subjected
domestic violence at the hands of respondents. Therefore, I record my
findings for point No.1 in affirmative.
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C. C. NO. 92/DV/2022 ORDER BELOW EXH.-2
As to point No.2.:-
14. This point is in respect of monetary relief. It is contended that,
applicants not have any means of maintenance but respondent No.1 is
having bakery shop and earning from rent also. Therefore, he is earing
smart income and he is able to pay maintenance to the tune of I40,000/-.
Per contra, respondent No.1 come with case that, he is teaching Kuran to
the children in the Masjid and getting income to the tune of I10,000- to
I12,000/-.
15. Apart from pleadings the applicant and respondent No.1 have
relied on their respective affidavits of assets and liabilities. Applicant has
contended that respondent No.1 is getting income from his bakery business
but no documents have been placed on record and said fact is categorically
denied by the respondent No.1. Therefore, only affidavits of assets and
liabilities are remained documents for consideration for decide quantum of
maintenance. It is to be noted that, respondent has nowhere stated that
applicants are having any source of income but in his affidavit of assets
and liabilities he has stated that, he is earning to the tune of I10,000/- to
I12,000/-p.m. from his job of teaching. Therefore, considering basic needs
of applicants and the responsibilities of respondent No.1, I am in opinion
that, amount of I4,000/- to applicant No.1 and amount of I2,000/- to
applicant No.2 is sufficient for their maintenance in the nature of monetary
relief, as contemplated under section 20 of Domestic Violence Act. Hence, I
record my findings to issue No.2 in the partly affirmative. Considering all
above aspects I proceed to pass following order.
ORDER
1 The application is partly allowed.
2 The respondent No.1 shall pay R.4,000/- p.m. to the
applicant No.1 and R.2,000/- p.m. to son Abdulhannah,
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C. C. NO. 92/DV/2022 ORDER BELOW EXH.-2
applicant No.2 as a interim maintenance from date of
filing of the present application.
3 The respondent No.1 shall pay the cost of R.5,000/- of the
present application to the applicant.
4 Copy of order be provided free of cost to both the parties.
Mumbai.
Date : 06/02/2024.
SRD.
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on :- 06/02/2024.
Transcribed on :- 06/02/2024.
Checked on :- 13/02/2024.
Signed on :- 13/02/2024.
SRD
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