Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
(PRESIDED OVER BY MR SUDHIR N. SHINDE)
C.C. No. 77/DV/2018
CNR NO.MHMM180059122018
Mrs. Salma Hasibuddin Shaikh
Age: 28 Yrs., Occ Housewife,
R/o – Room No. 622, First Floor, Chaube
Chawl, Behram Nagar, Bandra (E),
Mumbai 400 051.
…... Applicant
V/s
1. Mr. Hasibuddin Jainuddin Shaikh
Age: 25 Yrs., Occ Business,
2. Mr. Jainuddin Shaikh
Age: 52 Yrs., Occ Business,
3. Mrs. Akhtari Jainuddin Shaikh
Age: 42 Yrs., Occ Housewife,
4. Ms. Nagma Jainuddin Shaikh
Age: 27 Yrs., Occ Housewife,
All R/o : Allied Complex, Awing, Room
No.301, Third Floor, Sarifa Road, Amrut
Nagar, Mumbra, Thane – 400 0612.
…. Respondents
ORDER BELOW INTERIM APPLICATION EXH2
By this application, the applicant is seeking various reliefs
vide section 12 r/w Sec. 18, 19, 20, 22 & 23 of Protection of Womens
from Domestic Violence Act, 2005 (in short 'the Act').
2. Brief facts illustrated in the application can be stated as
under :
It is not in dispute that the applicant is the wife of
respondent No.1 and other respondents are the inlaws. The respondent
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has not denied that the applicant got married with him initially on
27.04.2014 at Raipur and thereafter, after Talak she remarried with
him after undergoing Halala. According to applicant, she has been
suffered physical, mental and economical abuse. Pursuant to illegal
demands of the respondents, the mother of applicant paid
Rs.1,50,000/, gifted bike and gold ornaments etc. Even as per demand
of respondent an autorickshaw was purchased. She was suffered
continues abuse. In the month of April, 2017, she become pregnant.
However, on account of assault by the respondent No.1 she had to
undergo miscarriage. She lodged complaint with the police and filed
this application seeking various reliefs, like protection, maintenance,
residence and compensation orders. According to her, the respondent
No.1 is earning Rs.40,000/ per month being sound operator. Thus she
claimed Rs.15,000/ per month as a maintenance and Rs.8000/ per
month for accommodation. All these reliefs are claimed vide interim
application.
3. The respondents filed their say denied the allegations of
harassment and alleged ill treatment. According to them, the applicant
with ulterior motives left the house of respondent without any
reasonable cause. She made all allegations only to bring her case within
the purview of domestic violence act. The respondent has not denied
that he has performed marriage with the applicant twice but pleaded
that there are two children born out of first husband of applicant and
this is her second marriage. According to respondents, the applicant
never stayed with the respondents for more than 20 days. All the
documents relating to the alleged gifts are pertaining to other dates,
which shows that those were not gifted in the marriage, as alleged. The
applicant was provided with all the amenities and dignity. The
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respondent No.3 and 4 have no concern with the applicant only to
pressure the respondents they are falsely implicated. It is also alleged
that the applicant already took divorce and received Rs.1,50,000/ for
life time maintenance. Thus she is not entitled for any claim of
maintenance. It is contended that miscarriage was not suffered by the
applicant due to assault but due to medical problems. Thus it is the case
of respondents that the applicant was never suffered domestic violence
as alleged. She has falsely filed the case fabricating the facts. She has no
residence within the jurisdiction of this court. The respondent is not
earning as alleged. He is driving autorickshaw and hardly earns
Rs.250/ per day. He is having responsibility of his parents. Applicant is
residing separately by her own will. Thus not entitled for any order and
sought to dismiss the application.
4. Heard applicant. Perused documents. Respondents and
advocate absent and not argued. Thus taken for order on merit.
5. Following points emerges for determination. Findings with
reasons quoted below.
Sr. No. Points Findings
1 Whether applicant has been subjected to domestic
violence at the instance of respondents ?
Yes
2 Whether applicant entitled for the reliefs claimed,
if yes what reliefs ?
Partly Yes
3 What order ? As per final
order.
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R E A S O N S
As to point 1 to 3 :
6. Perusal of the allegations made in the application
supported with an affidavit and documents on record, it can be seen
that the applicant has been suffered domestic violence. Respondent has
not denied that he performed marriage with the applicant twice. But
strangely contended that there are two children from her first husband.
But failed to explain who was her first husband. The documents shows
that the first marriage was registered with the respondent No.1 at
Raipur. It is also found that Talak was given to the applicant, though
she denied that same was obtained deceitfully. It is also found that the
respondent has remarried with the applicant. Thus Talak is not relevant.
7. Documents of purchase of articles and autorickshaw,
though have different dates, but does not go contrary to case of
applicant. Merit of the documents cannot be considered at this stage.
8. Therefore, it is apparent that the applicant has suffered
domestic violence at the instance of respondents and thus she entitled
for the protection order.
9. The applicant also entitled for maintenance order as
undisputedly she is not earning anything. No evidence filed by the
applicant showing actual income of the respondent No.1. However, in
view of age, place of residence and respondent No.1 being able bodied
could easily earn more than Rs.20,000/ per month. Thus the applicant
can be awarded Rs.5000/ as a maintenance.
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10. The facts suggested by the both sides need evaluation
through hearing on evidence. Thus at this stage, it is not proper to grant
relief of residence order or compensation.
11. Therefore, the applicant is entitled for protection and
maintenance order only. Application is to be partly allowed.
Accordingly, I recorded my findings and pass following order :
O R D E R
i) Application is partly allowed.
ii) The respondents are hereby restrained and prohibited
from committing any act of domestic violence vide
section 18 of the Act, as prayed.
iii) The respondent No.1 is hereby directed to pay
maintenance @ Rs. 5,000/ per month from the date of
application.
iv) Copies of order be provided to parties free of cost.
v) One copy be sent to the concern police station.
Date : 01.01.2019
Place : Mumbai
Ssl.
Sd/
(Sudhir N. Shinde)
Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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