Final Order 2

Order Details: Copy of Judgment
Pdf Text: C. C. No. 141 DV 2023 Ummehini Vs Shadab and ors.
CNR-MHMM18-006588-2023
Judgment, Exh.20
Received on – 28.08.2023
Registered on – 31.08.2023
Decided on – 06.03.2025
Duration – 01 Ys. 06 Ms. 08 Ds.
Exh.20
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
12TH COURT, BANDRA, MUMBAI
(Presided over by Komalsing Rajput)
C. C. No.141/DV/2023
Mrs. Ummehani Shadab Shaikh,
Age – 24 Yrs., Occupation – Housewife,
R/o. Room No.4, Chawl No.30,
Near Transit Camp, Bandra Reclamation,
Bandra West, Mumbai. APPLICANT
Vs.
1. Mr. Shadab Salim Shaikh,
2. Mr. Salim Khan,
3. Mrs. Saira Salim Shaikh,
All R/o. 104, Gopika Niwas, Pipeline
behind Pingara Hotel, Kalyan East,
Thane. RESPONDENTS
Advocates for the Parties –
For Applicant - Advocate, Mr. Shabbir A. Shora.
For Respondents - Ex parte
JUDGMENT
(Delivered on 6th March, 2025)
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C. C. No. 141 DV 2023 Ummehini Vs Shadab and ors.
CNR-MHMM18-006588-2023
Judgment, Exh.20
1. The present application is filed under Section 12 of Protection of
Women from Domestic Violence Act, (hereinafter referred as D. V. Act
for the sake of brevity), seeking various reliefs.
2. The brief contents of the application are, as -
The applicant Smt. Ummehani Shadab Shaikh, is wife of
Respondent No.1, Mr. Shadab Salim Shaikh, who is hereinafter referred as
main respondent. Other respondents are in in-laws. The marriage of the
applicant with main respondent was solemnized on 08.04.2021. All the
marriage expenses were born by applicant’s parents. Various valuables
including gold and silver ornaments, furniture, electronic and other house
utensils were also handed over to the respondents towards consideration of
marriage. At about the expenses of Rs.7,00,000/- were incurred by
applicant’s parents.
After marriage applicant had been to the house of respondents at
Virar. For initial few weeks everything was fine, but as time passed the
respondents started causing harassment to the applicant. They were
teasing her and abusing her parents. They picked up quarrels on trivial
issues and started passing derogatory remarks, showing utter disrespect to
her. They were abusing her and causing physical violence.
The father of the applicant received unknown call and the person at
other end started demanding money claiming that main respondent owes it
to him. The applicant’s father refused to pay, on that main respondent
taken away gold jewelry and repaid the said loan. The respondents
forcefully sent the applicant to her parents and asked for money from
them. When applicant refuses to bring anything they were causing
physical, emotional, economic and sexual violence. Due to their conduct
her health was adversely affected.
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C. C. No. 141 DV 2023 Ummehini Vs Shadab and ors.
CNR-MHMM18-006588-2023
Judgment, Exh.20
In the mean time the applicant conceived and on 14.04.2022, she
gave birth to a male child Master Abdul Haadif. Respondents just came to
see him but not brought her back to matrimonial house. Due to the
financial burden the respondents left Virar and shifted to Kalyan, as
several persons were searching for main respondent for recovery of loan.
Some how she managed to trace them and started further
matrimonial life with them. There also the domestic violence against
applicant continued. Respondents were not providing food to her and
restricted her actions. They prevented applicant from contacting her
parents. The main respondent started demanding money for repayment of
his loan and starting new business. But as applicant’s parents failed, he
harassed her a lot. The main respondent shown no care, love or affection
to the child. Due to ill-treatment the applicant called her parents and other
respected persons at Kalyan and on an assurance of main respondent
applicant started residing with him. They shifted there at several places
but no change took place in the behavior of the main respondent. In the
month of May 2023, applicant left matrimonial house due to violence
caused by respondents. She also lodged report. Since then she is residing
with her parents. Then applicant filed present application for protection
order, maintenance, residence, stridhan and compensation.
3. Respondents despite service of notice not appeared. Therefore,
matter was proceeded ex parte against them.
4. Applicant in support of her case applicant examined herself as
A.W.1, Smt. Ummehani Shadab Shaikh, vide her evidence affidavit,
Exh.17. She also relied on certain documents. The respondents neither
cross-examined her nor led any evidence. They also not argued out the
matter. The submissions of the applicant are in tune her pleadings and
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C. C. No. 141 DV 2023 Ummehini Vs Shadab and ors.
CNR-MHMM18-006588-2023
Judgment, Exh.20
evidence. Considering submissions, pleadings and other facts and
circumstances on record, I recorded my findings on following points for
the reasons discussed below -
Sr. No. POINTS FINDINGS
1. Does it prove that the respondent committed
domestic violence against applicant? .....Partly proved only
against Respo. No.1.
2. Does the applicant entitled to the reliefs as
prayed for? ….Partly proved only
against Respo. No.1.
3. What order? …..Application is partly
allowed.
REASONS
AS TO POINTS NOS.1 AND 2 – Domestic violence and reliefs
5. The applicant A.W.1, Ummehani Shadab Shaikh, vide her
evidence affidavit, Exh.17, reproduced the contents of the application,
those can be summarized in a sense that the main respondent is her
husband and other respondents are in in-laws. Her marriage with main
respondent was solemnized on 08.04.2021. All the marriage expenses
were born by her parents. Various valuables including gold and silver
ornaments, furniture, electronic and other house utensils were also
handed over to the respondents towards consideration of marriage. At
about the expenses of Rs.7,00,000/- were incurred by her parents.
After marriage she had been to the house of respondents at Virar.
For initial few weeks everything was fine, but as time passed the
respondents started harassing her. They were teasing and abusing her.
The respondents picked up quarrels on trivial issues and started passing
derogatory remarks, showing utter disrespect to her besides causing
physical violence. The main respondent borrowed money from several
persons and one of them called her father and started demanding money
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C. C. No. 141 DV 2023 Ummehini Vs Shadab and ors.
CNR-MHMM18-006588-2023
Judgment, Exh.20
claiming that main respondent owes it to him. When refused, the main
respondent taken away gold jewelry and repaid it. The respondents
forcefully sent the applicant to her parents and asked for money from
them. When she refused to bring anything they were causing physical,
emotional, economic and sexual violence. Due to their conduct her
health was adversely affected. In the mean time she conceived and on
14.04.2022, she gave birth to a male child Master Abdul Haadif.
Respondents just came to see him but not brought her back to
matrimonial house.
Due to the financial burden the respondents left Virar and shifted
to Kalyan, as several persons were searching for main respondent for
recovery of loan. Some how she managed to trace them and started
further matrimonial life with them. There also the domestic violence
against her continued. Respondents were not providing food to her and
restricted her actions. They prevented her from contacting parents. The
main respondent started demanding money for repayment of his loan
and starting new business. But as her parents failed, he harassed her a
lot, shown no care, love or affection to the child. Due to ill-treatment she
called her parents and other respected persons at Kalyan and on an
assurance of main respondent she started residing with him. They shifted
there at several places but no change took place in the behavior of the
main respondent. In the month of May 2023, she left matrimonial house
due to violence caused by respondents. She also lodged report and while
residing with her parents filed present application claiming protection
order, maintenance, residence, stridhan and compensation.
6. The above evidence is not challenged by the respondents. It
remained intact. There is nothing in it from which it can be said that the
contents of the application and consequent evidence affidavit in support
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C. C. No. 141 DV 2023 Ummehini Vs Shadab and ors.
CNR-MHMM18-006588-2023
Judgment, Exh.20
of it are false. The various incidences of ill-treatment causing domestic
violence are almost admitted, the desertion and non-arrangement of
means of livelihood also proved. There are no substantive allegations
constituting domestic violence against respondent Nos.2 and 3. The facts
pleaded and evidence in respect of the said respondent is not enough to
grant any relief against them. The relief, therefore, only granted against
main respondent. The applicant succeeded in proving that main
respondent caused various acts of domestic violence against her and
therefore, I recorded my findings on Point No.1, as partly proved only
against main respondent.
7. So far as reliefs are concerned applicant claimed protection order,
maintenance, residence, stridhan and compensation. The main respondent
is doing a private job and earning salary. Admittedly, applicant is residing
separately with her son. There is no evidence of domestic violence at the
instance of the respondents after desertion of the applicant. Therefore, the
protection order, is not necessary. In view of the fact that desertion of non-
arrangement of funds and absence of any abode to reside the monthly
allowance in the form of monitory relief, house rent along with
compensation is necessary. Considering the income of respondent and
other aspects, following order in the interest of justice, hence order -
ORDER
A. Application is partly allowed.
B. Respondent No.1, Mr. Shadab Salim Shaikh, is directed to pay the
maintenance of Rs.5,000/- (Rs. Five Thousands Only) per month to the
main applicant Mrs. Ummehani Shadab Shaikh and Rs.3,000/- (Rs.
Three Thousands Only) per month to their son, Master Abdul Haadif,
from the date of application, with an annual increase of maintenance
amount of each of the applicant of Rs.500/-. It means the said respondent
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C. C. No. 141 DV 2023 Ummehini Vs Shadab and ors.
CNR-MHMM18-006588-2023
Judgment, Exh.20
shall pay total amount of Rs.8,000/- (Rs. Eight Thousands Only) per
month, to the applicant from the date of application, till today, and from
the month of April, 2026, the said respondent shall pay Rs.9,000/- per
month and so on.
C. Respondent No.1, Mr. Shadab Salim Shaikh, shall also pay the
amount of Rs.3,000/- (Rs. Three Thousands Only) per month, from the
month of April 2025, towards house rent, to the applicant.
D. He shall also pay the additional amount of Rs.10,000/- (Rs. Ten
Thousands Only) towards compensation and expenses, to the applicant.
E. The prayer for other reliefs against main respondent is rejected.
F. The whole application is rejected against Respondent Nos.2 and 3.
G. Copy of this judgment shall be given free of costs to both the
parties.
MUMBAI (KOMALSING RAJPUT)
DATE – 06.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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C. C. No. 141 DV 2023 Ummehini Vs Shadab and ors.
CNR-MHMM18-006588-2023
Judgment, Exh.20
I affirm that the contents of this PDF file judgment are same word for
ward as per original judgment.
Court Name : Komalsing Rajput
Name of Steno : S. R. Parab
Date : 06.03.2025
signed by P.O. on : 06.03.2025
uploaded on : 17.03.2025
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