Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C.C.NO.98/DV/2018
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IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE
9TH COURT, BANDRA, MUMBAI.
C.C.NO.98/DV/2018
Mrs. Vaishnavi Vinayak Rane … Applicant
V/s
1. Mr. Vinayak Sakharam Rane
2. Smt. Jaywanti Sakharam Rane
3. Mrs. Sushma Sanjay Shivalkar … Respondent
ORDER BELOW INTERIM APPLICATION EXH.1
1. Read the application and say given thereon. I have heard
both side and documents filed on record.
2. Following points arise for my determination and I record
my findings against each of them for the reasons as under :-
Sr.
No
Points Findings
(i) Whether petitioners is subjected to domestic
violence at the hands of respondents?
In the affirmative
(ii) Whether petitioner is unable to maintain herself ? In the affirmative
(iii) Whether respondent no. 1 has sufficient means of
income?
In the affirmative
(iv) What order ? As per final order
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REASONS
As to Point nos. (i) to (iii):
3. It is contended that petitioner is legally wedded wife of
respondent no.1, respondent no.2 is her mother-in- law and respondent
no.3 is her sister-in-law. Out of wedlock, they have no issues. Since
inception of the marriage, petitioner was subjected to mental and
economical cruelty at the hands of respondents. Respondent no.2
used to make taunting for one or other reason. Therefore, she was
compelled to leave her matrimonial house. Respondent no.1 refused to
maintain her and she is living on the mercy of her parents. Hence, this
application.
4. On the contrary, all the allegations made by petitioner are
denied by the respondents. They submitted that there was no domestic
violence of petitioner. All the allegations made by petitioner are against
her mother-in-law. She is beautician and doing this work for her
livelihood. She is not ready and willing to live with respondents and she
left her matrimonial house without justified reason. Hence, she is not
entitled for any interim relief and prayed for rejection of this
application.
5. Having considered rival submissions of both side and
provisions of Domestic Violence Act, it is submitted that definition of
domestic violence is too wide and it includes single act or omission of
verbal, physical and mental violation against woman. In the present
case, all the allegations made by petitioner are supported by affidavit
and N.C. Report and report u/sec.498 -A of I.P.C. This fact is sufficient
to give rise cause of action for filing an application under Domestic
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Violence Act. Prima-facie there is no reason to disbelieve the contention
of petitioner. Therefore, I record my finding as to point no. (i) in the
affirmative.
6. It is undisputed fact that petitioner was doing work of
beautician, but since the respondents were not liking this work, she left
the job. Now she is jobless and unable to maintain herself. Per contra,
petitioner has filed photograph of grocery shop, which prima-facie
confirms that respondent no.1 is running small grocery shop. Thus, it is
proved that respondent no.1 has sufficient means of income to meet
himself and his family members, but he is avoiding to maintain
petitioner. It is legal as well as moral duty of respondent no. 1 to
maintain his wife according to his living standard. Hence, I record my
findings as to point no. (ii) and (iii) in the affirmative.
7. Considering above discussion, living standard of parties,
capacity of earning, beautician job of petitioner and inflation rate in
present days, respondent no. 1 can pay Rs.4,000/- per month to the
petitioner. With this, I proceed to pass following order.
ORDER
i) The application is partly allowed.
ii) Respondents shall not cause any kind of domestic violence
to petitioner.
iii) Respondent no. 1 is directed to pay monthly interim
maintenance of Rs.4,000/- ( Rupees Four thousand only ) from
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the date of petition to the petitioner till final disposal of the main
application.
iv) All other reliefs will be decided on merits.
v) Copy of the order be given to both the parties at free of
cost.
(S. K. Mungilwar)
Addl. Chief Metropolitan Magistrate,
Dt. 22/08/2019 9th Court, Bandra, Mumbai
ASD.
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