Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 79 DV 2018 Shweta Vs Rajan and ors.
CNR No.MHMM18-005730-2018
ORDER BELOW EXH.10
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 various
interim reliefs.
2. The applicant approached this court contending that the respondent is
her husband. During her residence with him he caused various acts of
domestic violence, as narrated in the main application and drove her out of
house. Therefore, she filed main application and present application in it for
interim reliefs. The applicant mainly sought injunction against respondent to
prevent him from selling out the property, creating encumbrance, etc. She
also sought maintenance. The respondent vide their say Exh.13, denied all
the adverse allegations. They admitted the relationship with applicant. But
disputed the genuineness of allegations. Respondents claimed that applicant
left matrimonial house on her own. She has no right or interest in the house
property. She is able to maintain herself. Therefore, application shall be
rejected.
3. Considering adverse pleadings, written and oral submissions of both
the parties, and other facts and circumstances I framed following points for
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 negative.
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C. C. No. 79 DV 2018 Shweta Vs Rajan and ors.
CNR No.MHMM18-005730-2018
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ....In the negative.
3. What order ? ….Application is rejected.
R E A S O N S
4. As stated above, both the parties filed their respective pleadings which
are supported by affidavits. Admittedly, applicant is residing separately at
other City and earning good income. Except oral contents of the application
and affidavit there is nothing on record. In her affidavit of Assets and
Liabilities, she admitted that she is earning good income and not in need of
maintenance. Therefore, there is doubt over the allegations made. As such
reliefs can not be granted.
5. In the alternative, even if, it is presumed that there is prima facie case
of domestic violence made out, there is doubt whether reliefs claimed can be
granted or not? It is so because, the first relief is in respect of house property.
The house is standing in the joint name and reliefs are mainly of civil nature
deciding property rights of the parties. For such a decision substantial
evidence of possession and right is necessary. In this matter admittedly
applicant is residing at some other City and no substantial evidence
produced. Therefore, respondents can not be restrained to enjoy the full
fledged right over the house property.
6. Regarding maintenance also applicant admitted that she is in service
with a private company and earning Rs.50,000/- per month. In her affidavit
of Assets and Liabilities, also she admitted this fact and mentioned that she
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C. C. No. 79 DV 2018 Shweta Vs Rajan and ors.
CNR No.MHMM18-005730-2018
is not in need of maintenance from the respondents. Therefore, this relief
also can not be granted.
7. Thus, no prima facie case made out. Accordingly, I recorded my
findings on both the points in the negative. Therefore, following order -
ORDER
The application is rejected. No order as to cost.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.07.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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