Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. NO.190/DV/2021
Madhuri V/s. Santosh & Ors.
ORDER BELOW INTERIM APPLICATION DATED 10/12/2021
The applicant has 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 order.
According to the applicant, she married with respondent No.1 on
06/05/2018, at Kot Hukeri, Dist. Belgaon. Respondent No.2 and No.3 are
parents of respondent No.1. Respondent No.4 and No.5 are sisters of
respondent No.1 and respondent No.6 is brother-in-law (Husband of
respondent No.4) of respondent No.1. After marriage applicant went at
her maternal home. Initial few days respondents treated her nicely.
Thereafter, the respondent started to raise quarrel with applicant on the
ground that, they have not got proper dowry amount and gold ornaments
from parents of applicant. It is contended that, respondent beat her and
abused her. The respondent No.1 sexually abused her. It is contended
that, the respondent No.3 used to touch unwantedly with bad intention to
applicant. The respondents did not provide proper maintenance to
applicant. The applicant used to do job but the respondents used to snatch
away her salary. On 21/10/2020 the applicant gave birth to child by
name Satvik. The respondents kept her on starvation, thus, according to
applicant she has been subjected domestic violence at the hands of
respondents.
2. The applicant has also filed complaint under section 498 (a)
etc. of I.P.C. against the respondents. It is contended that, the applicant
has no means of maintenance. Per contra, the respondent No.1 is doing
job technician and getting income of I40,000/- p.m. Therefore,
respondent No.1 is liable to pay maintenance of I30,000/- p.m. Lastly,
the applicant prayed that, the applicant be allowed and order of
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C. C. NO. 190/DV/2021 ORDER BELOW APPLICATION DATED 10/12/2021
maintenance, protection order and order regarding compensation be
granted from respondent.
3. The respondents have resisted the application by filing their
say at (Exh.-6). The respondents denied all the contentions of applicant in
toto. The respondents denied that, they caused any kind of domestic
violence to the applicant, as alleged. They denied that, they made demand
of dowry from applicant and upon non-fulfilling the said demand they
have tortured the applicant. It is contended that, the applicant voluntarily
left the home of the respondent. Despite of several times the respondent
No.1 attempted to fetch the applicant at matrimonial home, the applicant
denied the same. She desired to stay separately from her in-laws. The
applicant always misbehaved with respondents and threatened them to
commit suicide. The respondent No.1 is having responsibility of his old
parents as well as other family members. Thus, according to respondents
the application is false one, therefore, prayed that, it be rejected.
4. I have heard elaborated arguments of Ld. Advocate Smt. Patil
for the applicant and Ld. Advocate Smt. Shirke for the respondents. The
applicant and respondents have filed their respective affidavit of assets
and liability at (Exh.-6A) and (Exh.-9). The applicant also filed on record
photo, marriage invitation card, Aadhar Card, Birth Certificate of son
Satvik, Marriage Certificate, copy of complaint to police, copy of F.I.R.
bearing No. 645/2021 of Kandivali police station. The respondent has filed
on record copy of judgment in Hindu Marriage Petition No.519/2023,
copies of salary certificates etc.
5. Considering the rival pleadings of both party following points
are arises for my determination. I have recorded my findings thereon for
the reasons, as under :-
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C. C. NO. 190/DV/2021 ORDER BELOW APPLICATION DATED 10/12/2021
Sr. No. Points Findings
1. Does the applicant proved that, she
has been subjected the domestic
violence at the hands of the
respondent ?
Yes.
2. Is applicant entitled for relief of
protection order, as prayed ? Partly Yes.
3. Is applicant entitled for relief of
maintenance, as prayed? Yes.
4. Is applicant entitled for relief of
alternate accommodation as,
prayed or rent in lieu of alternate
accommodation ? No.
5 Is applicant entitled for relief of
regarding her Stridhan ? No.
6. What order? Application is
partly allowed.
REASONS
As to point No.1
6. In order to get relief under section 23 of the Domestic
Violence Act the applicant has to prove prima-faciely that, she has been
subjected the domestic violence at the hands of respondents. The
respondent denied all the allegations made by the applicant. It is to be
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C. C. NO. 190/DV/2021 ORDER BELOW APPLICATION DATED 10/12/2021
noted that, the relationship between parties are admitted to each other.
The applicant in order to prove the domestic violence at the hands of
respondents relied on the complaint made to police dated 22/03/2021,
wherein she contended that, the respondent used to cause mental as well
as physical harassment to applicant, on the count of dowry demand.
Further the F.I.R. registered in police station Kandivali bearing No.
645/2021 is concerned which has been registered at the instance of
applicant against the respondents. The said F.I.R. is registered under
section 498 (a), 509, 307, 506, 504 r/w 34 of I.P.C. The F.I.R. discloses
that, the respondent caused the applicant cruelty and harassment, as she
failed to fulfill their dowry demand. The contents of F.I.R. are
corroborative to the contents of present application. Except mere denial of
allegations of applicant, the respondents have not put their positive
defence in the present case, therefore, I hold that, the applicant has been
subjected the domestic violence at the hands of the respondents. The
applicant has proved prima-facie that, she has been subjected the domestic
violence at the hands of respondents. Hence, I record my findings to the
point No.1 as in the affirmative.
As to point No.2
7. This issue is in respect of the protection order. The applicant
has sought relief restraining the respondents from committing the
domestic violence against the respondent. It is to be noted that, while
answering to point No.1 I have concluded that, applicant has been
subjected the domestic violence at the hands of respondents. The
applicant is having apprehension in her mind that, the respondent will
cause her domestic violence in future. The F.I.R. registered at the instance
of applicant shows that, she has been subjected the domestic violence at
the hands of respondents, on the count of dowry demand. Therefore, in
order to protect the interest of applicant I am of opinion that, the
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C. C. NO. 190/DV/2021 ORDER BELOW APPLICATION DATED 10/12/2021
protection order against respondent No.1 can be passed. Hence, I record
my findings to point No.2 as in the partly affirmative.
As to point No.3
8. This issue is in respect of relief of maintenance. It is to be
noted that, applicant claimed to be having no source of income and the
respondent is having smart income to the tune of I.40,000/- p.m. It is to
be noted that, the respondent have not come with specific case that
applicant is having sufficient means of maintenance. The applicant
claimed maintenance of I.30,000/- for herself and for her son Satvik, from
respondent No.1. I have gone through the affidavits of Assets and
Liabilities, which are at (Exh.-6-A) and (Exh.-9) respectively. It transpired
from the said affidavits that, the respondent No.1 is doing job of
Technician and getting salary to the tune of I35,000/- p.m.
9. It further shows that, the applicant has no source of income
for her livelihood. It is to be noted that, the respondent is also having
responsibilities of his own parents and also responsibility of other family
members. However, he cannot be escape from his liability to pay
maintenance to his wife i.e. the applicant and his son. The applicant is
subjected the domestic violence at the hands of respondent No.1. The
applicant is wife of respondent No.1 and it is duty of respondent No.1 to
provide means of maintenance to applicant. Therefore, considering the
basic needs of applicant, financial position of the respondent No.1 and his
responsibilities I am of opinion that, the amount of I7,000/- p.m. is to the
applicant and amount of I 3,000/- p.m. for the maintenance of son Satvik,
sufficient as a maintenance. Hence, I record my findings to the point No.3
as in affirmative.
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C. C. NO. 190/DV/2021 ORDER BELOW APPLICATION DATED 10/12/2021
As to point No.4
10. The applicant has sought relief of rent amount of I.10,000/-
p.m. in lieu of alternate accommodation. The affidavit of Asset and
Liabilities of applicant shows that, the applicant at present staying with her
parents. Therefore, at this stage she cannot be said to be shelterless.
Hence, I am of opinion that, at present it is not necessary to pass order
regarding rent against the respondent. Hence, I record my findings to the
point No.4, as in negative.
As to point No.5
11. The applicant has sought relief regarding her Stridhan against
the respondents that they shall not dispose of the same and be given to
her custody. It is to be noted that, what kind of Stridhan of applicant with
respondent is not at all specifically disclosed, nor the list regarding the
same is placed on record. Therefore, without evidence at this stage it
cannot be said that, the Stridhan of applicant are with respondents.
Hence, I am of opinion that, no order can be pass in respect of Stridhan.
Hence, I record my findings to the point No.5, as in negative and proceed
to pass following order.
ORDER
1 The application is partly allowed.
2 The respondent No.1 shall pay R.7,000/- p.m. to
applicant and R.3,000/- p.m. to son Satvik, as a interim
maintenance to the applicant from date of filing of the
present application.
3 The respondent No.1 shall not cause any kind of domestic
violence to applicant till final decision of the proceeding.
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C. C. NO. 190/DV/2021 ORDER BELOW APPLICATION DATED 10/12/2021
4 The respondent shall pay the cost of R.7,000/- of the
present application to the applicant.
5 Copy of this order be supplied free of cost to both the
parties.
Mumbai.
Date : 11/06/2024.
SRD.
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on :- 11/06/2024.
Transcribed on :- 11/06/2024.
Checked on :- 11/06/2024.
Signed on :- 11/06/2024.
SRD
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