Interim Order 2

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 93 DV 2018 Tarabunish Vs Niyaz
CNR-MHMM18-006525-2018
ORDER BELOW EXH.6
1. Perused record. Heard Ld. Advocate for the applicant and
Respondent Nos.2 and 3. This is an application under Section 23 of
Protection of Women from Domestic Violence Act, 2005, hereinafter
referred as D.V. Act.
2. It is the case of the applicant that her marriage with the respondent
Niyaz Ahmed S/o. Abdul Kalam Khan, solemnized on 15.04.2007, as per
Muslim rites and customs at Dharavi, Mumbai. She begotten three
children from the said marriage. After marriage respondent Niyaz not
treated her well. He repeatedly caused physical, emotional and
economical violence by way of various acts as narrated in the main
application. He abused her physically and sexually. He has not provided
her sufficient food, clothing and shelter. Therefore, she left matrimonial
house and approached this court for various reliefs.
3. All the respondents denied the allegations. The main respondent,
though remained absent, against whom interim reliefs are claimed, in his
reply, mainly stated that he has not committed any such acts. He is not
deserted the applicant, rather she herself left matrimonial house on her
own and also lodged false report. She is still harassing him and not
earning huge income as claimed by applicant.
4. Considering adverse pleadings of both the parties, their
submissions 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 affirmative.
-- 1 of 4 --
C. C. No. 93 DV 2018 Tarabunish Vs Niyaz
CNR-MHMM18-006525-2018
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ...In the affirmative.
3. What order ? ..Appln. is partly allowed
R E A S O N S
5. In the backdrop of above referred pleadings if we considered the
material on record and documents produced, it reflects that both the
parties filed affidavits in support of their respective claims. In addition to
it the claim of the applicant is also supported by additional two aspects,
i.e. certain admissions on the part of respondent Niyaz and documents
relating to complaints made by the applicant.
6. It is admitted that applicant is married wife of respondent Niyaz
and three children begotten from the said marriage. It is also admitted that
applicant and her children left the matrimonial house and respondent
Niyaz, had made no arrangement for their survival/livelihood. It is clear
case of economic violence. The documents produced pertaining to
approaching police from time to time and the admitted fact that
respondent has not denying these complaints as well as other case, filed at
her instance for offences punishable under Sections 377, 498-A, etc. of
Indian Penal Code, tilts balance in support of applicant. Against it except
bare denial and affidavit in support of it, respondent produced nothing on
record and it can be said that applicant caused various acts of physical
violence. Accordingly, I recorded my finding on Point No.1, in the
affirmative.
7. So far as reliefs are concerned it is contended that applicant is
illiterate and unemployed woman having burden of maintaining herself as
well as three children residing with her. This fact is not disputed by
respondent Niyaz. It is also admitted that she is residing separately and no
arrangement was made by said respondent. Against it, though respondent
-- 2 of 4 --
C. C. No. 93 DV 2018 Tarabunish Vs Niyaz
CNR-MHMM18-006525-2018
denied his means of income, he is able bodied person and he is bound to
maintain the applicant and her children in the backdrop of the facts
pleaded. Considering these aspects the maintenance needs to be granted in
addition to the relief of residence order by paying allowance to that effect
as per Section 19(f) of D. V. Act. The relief of protection and interim
compensation can not be granted as applicant is residing separately, there
were no allegations of violence after separation and material needs to be
scrutinized by way of positive evidence. Ld. Advocate for the applicant
prayed for interim maintenance from the date of filing of application. This
prayer is also needs consideration and hence, following order :
ORDER
a. The application is partly allowed.
b. The respondent Niyaz Ahmed S/o. Abdul Kalam Khan, is herewith
directed to pay Rs.2,000/- (Rupees Two Thousand Only) per month to the
applicant No.1, Tarabun Nisha Niyaz Ahmed Khan, and collectively
Rs.1,000/-(Rupees One Thousand Only) per month to their three children,
from the date of filing of application till December 2021, as past interim
maintenance.
c. The respondent Niyaz Ahmed S/o. Abdul Kalam Khan, is herewith
directed to pay the interim maintenance of Rs.4,000/-(Rupees Four
Thousand) per month to the applicant and Rs.2,000/- (Rupees Two
Thousand) per month to each of the child, from today till the decision of
the main application towards interim maintenance and education
expenses, i.e. respondent shall pay Rs.10,000/- per month to the applicant,
so that applicant shall not be compelled to knock the doors of court again
and again for enhancement of the maintenance amount.
d. The respondent Niyaz Ahmed S/o. Abdul Kalam Khan, is also
herewith directed to pay Rs.1,000/- (Rupees One Thousand Only) per
-- 3 of 4 --
C. C. No. 93 DV 2018 Tarabunish Vs Niyaz
CNR-MHMM18-006525-2018
month towards house rent, from today till the disposal of the main
application.
e. The prayer for other interim reliefs is rejected.
f. 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
directed to file separate application bearing separate number for recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 4 of 4 --