Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 186 DV 2021 Sophia Vs Carl
CNR MHMM18-005229-2021
ORDER BELOW EXH.5
1. Perused record. Heard both sides. The main application is filed
under Section 12 of Protection of Women from Domestic Violence Act,
2005, hereinafter referred as D.V. Act and present application in it for
interim reliefs, mainly maintenance.
2. The applicant is 55 years old lady, approached this court
contending that her marriage solemnized with respondent on 07.09.1986.
Two daughters born out of said marriage. They are now married and
residing abroad. After considerable period of settled married life, some
differences occurred and in the year 2021, respondent sent the applicant to
Mumbai, assuring her of providing maintenance and other basic
necessities. But he has not followed his promise. During married life he
caused various acts of domestic violence, more particularly described in
the main application, Exh.1. Applicant has no source of income. She is ill
and having health issues. Three dogs are also dependent on her, besides
other requirements. The respondent is running business at Bengaluru and
he is having various other sources as well. Therefore, she claimed
maintenance of Rs.70,000/- per month.
3. The respondent vide his say, Exh.11, denied all these adverse
allegations. He denied that he had caused any act of domestic violence as
alleged by the applicant. The summary of his reply is that the applicant
left house on her own without any fault on the part of respondent. He has
no means of income as claimed by applicant. He suffered losses in the
business and unable to provide any maintenance. It is also brought to
notice that in the intervening period he paid certain amounts.
4. Submissions of both the parties are in tune with their respective
contentions. Considering adverse pleadings, submissions of both the
parties, and other facts and circumstances I framed following points for
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C. C. No. 186 DV 2021 Sophia Vs Carl
CNR MHMM18-005229-2021
my determination and recorded my findings on each of them as follows
for the reasons discussed below-
POINTS FINDINGS
1. Does from the material on record applicant succeeded
in making out prima facie case of commission of
domestic violence against her by the respondent ? ....In the affirmative.
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ....In the affirmative.
3. What order ? ….Appli. is partly allowed.
R E A S O N S
5. Both the parties in support of their respective contentions filed on
record certain documents and affidavits. The fact of separation and non-
arrangement of any means for survival of the applicant by the respondent
is admitted. It is also admitted that applicant have no sources of income
and she is solely dependent on the respondent. Her age is also
considerable and there are other factors such as illness and pets kept by
her, are also accruing financial liability on her. Against these facts if we
considered the defence pleaded by respondent and material produced it is
clear that, there noticed nothing which will dis-entitle the respondent from
payment of maintenance, as these admitted facts clearly constitute
economic violence.
6. The comparative perusal of material produced by respondent
against the allegations of other sorts of domestic violence, also reflects
that the allegations made by the applicant can not be ignored. Prima facie
it can be inferred that respondent has caused these acts, atleast, to the
extent of decision of the present application. In view of these facts
discussed it can be inferred that respondent caused various acts of
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C. C. No. 186 DV 2021 Sophia Vs Carl
CNR MHMM18-005229-2021
domestic violence, hence, I recorded my finding on Point No.1, in the
affirmative.
7. So far as reliefs claimed are concerned the applicant mainly sought
maintenance. Though it is denied that respondent has suffered business
losses and unable to provide maintenance, there is no concrete material
produced to draw any such inference. Further, even if it is presumed that
he has suffered any such losses this fact itself is not enough to disown
liability. The parties belonged to good financial back ground, the
maintenance must be granted and that too with a lifestyle and
requirements suitable to her. It is also argued that applicant is also
claimed maintenance for her three pets i.e. Rottweiler dogs. Such ground
can not be considered. I am not agree with these submissions, the pets are
also part and parcel of descent lifestyle. Pets are necessary for human
beings to lead healthy life as they fulfill the emotional deficit occurred on
account of broken relationships. Therefore, this can not be ground to
mitigate the maintenance amount.
8. Considering all these aspects of the matter, status of the parties,
contents of affidavits of Assets and Liabilities and requirements of the
applicant I am of the opinion that following order will serve the cause of
justice -
ORDER
a. The application is partly allowed.
b. The respondent Carl Austin Ferns, is herewith directed to pay the
amount of Rs.50,000/- (Rupees Fifty Thousand Only) per month to the
applicant, towards interim maintenance, from the date of filing of
application till the decision of the main application.
c. The copy of this order shall be given free of costs to both the
parties and if Respondent failed to comply the order the applicant is
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C. C. No. 186 DV 2021 Sophia Vs Carl
CNR MHMM18-005229-2021
directed to file separate application bearing separate number for recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 20.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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