Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: : 1 : Case No.70/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI.
CASE NO. 70/DV/2018
Cindrella Jacob Koli ... Applicant
Vs.
Jacob Juja Koli & Anr. ... Respondents
ORDER BELOW INTERIM RELIEF
1] The applicant filed application u/s.12 of the Protection of
Women from Domestic Violence Act (hereinafter referred to as 'The
Act' for the sake of brevity) and prayed various relief under the said
Act including interim maintenance during the pendency of
application.
2] The applicant stated that the marriage of applicant with
respondent no.1 was solemnized on 25/11/2012 as per rites and
rituals. Out of the said wedlock they have two minor daughters
aged about 4 years and 2 ½ years. After one year of marriage the
respondents started illtreatment to the applicant. The respondent
no. 1 used to beat her with belt and hand very badly. He never
provided rationing, clothes and medicines to the applicant and her
daughters. At the time of her first pregnancy the respondent no.1
beat her, therefore miscarriage had occurred. During the stay of
applicant in the matrimonial house, the respondents harassed and
tortured her physically and mentally. He used to abuse the applicant
in filthy language. The respondents used to demand dowry from the
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parents of the applicant. All the stridhan of the applicant is with the
respondents.
3] The applicant further submitted that she is a housewife
and having no source of income. She is unable to maintain herself
and her daughters. Therefore, she prayed maintenance for
Rs.10,000/ per month for the daily necessities. The respondent no.
1 is working as security guard and earning Rs.7,000/ per month. No
one is depended upon him. Therefore, the applicant filed present
application.
4] The respondents filed say Exh.5 to the main application
and denied all the allegations made by the applicant. The
respondents never committed any domestic violence upon the
applicant. The applicant has filed various false complaints against
the respondent no.1 under Indian Penal Code and POCSO Act. NCs
are also registered. The respondents made several attempts for
reunion through family friends but the applicant and her parents not
cooperated for the same. The respondents further submitted that it
was a love marriage and all the marriage expenses were born by the
respondent no. 1. He has not demanded any dowry from the
applicant. The applicant had stayed only three months at her
matrimonial house. She is having extra marital affair with a married
man. At her stay the respondents never harassed or tortured the
applicant. The respondents denied of having stridhan of the
applicant. He stated that all gold ornaments have been given back to
the applicant. She has not come before Court with clean hands. The
respondent no. 1 submitted that he studied upto 10th standard and
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working as security guard at Mumbai University on a temporary
basis and earned very meager salary of Rs.7,000/ but now he is
jobless. He lastly prayed to dismiss the application with cost.
5] Perused application and written arguments filed on
record by both the parties and citations filed thereon.
6] The applicant filed main application and prayed various
reliefs alongwith interim maintenance. Therefore, at the time of
passing the interim order, the another merit in the main application
may not be considered.
7] After going trough the application and submission, it
clearly reveals that the relation between parties and daughters are
admitted. The daughters are minor. It is also not disputed that
presently both of them have been residing separately. During this
period as per applicant the respondent no.1 tortured her mentally
and physically. The applicant alongwith her daughters are residing
at matrimonial house and respondents are residing separately. The
respondent no.1 not made any arrangement about the maintenance
of the applicant. It is submission of respondent no. 1 that he is
studied upto 10th standard and currently he is jobless. Considering
his submission and admission, it is to be considered about the
quantum of interim maintenance. The applicant is housewife and
having no source of income. It is duty of respondent no.1 to
maintain his wife and minor daughters. He is bodily able person and
must earns some amount for his livelihood.
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8] In view of above discussion, day to day necessities, cost
and standard of living and earning source of respondent no.1 the
applicant is entitled for interim maintenance. It comes from evidence
that the respondent no. 1 having Rs.7,000/ payment per person
considering his payment the interim maintenance be granted. It is
also proper to restrain the respondents for causing any violence to
the applicant. So far as the prayer of applicant for granting
injunction against the respondents for not to sell matrimonial house
is concerned, the applicant has not brought on record any document
showing any transaction or correspondence towards the same.
Hence, it is not proper to allow the said prayer at this interim stage.
Hence, I pass the following order.
ORDER
a] The application is partly allowed.
b] The respondents are hereby restrained from
committing any act of domestic violence against the
applicant till decision of main application.
c] The respondent is hereby directed not to dispossess the
applicant from matrimonial house where presently she
is residing till decision of main application.
d] The respondent no.1 is hereby directed to pay amount
of Rs.1,500/ (Rupees One Thousand Five Hundred
Only) each per month as interim maintenance to the
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applicant and her two daughters from the date of filing
of present application.
e] The other prayers of the applicant i.e. return of
stridhan and not to sell matrimonial house are rejected.
f] The copy of the order be given to the both parties and
Police Officer of police station concerned, free of cost.
Mumbai.
Date : 11/12/2020
( Jaydeo Y. Ghule )
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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