Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No. MHMM18-007446-2021 C. C. NO. 228/DV/2021
Neemol V/s. Anthony
ORDER BELOW APPLICATION EXH.4
The applicant has filed the present applications under section
23 of the Protection of The Woman from the Domestic Violence Act, 2005
(here-in-after referred as, 'the PWDV Act').
2. According to the applicant, the respondent is her husband and
their marriage took place on 12/10/2003. After marriage applicant started
to reside with respondents at Kalina, Santacruz, Mumbai. They have one
daughter by name Anika and son by name Ansel. It is contended that,
their marital life till 2017 was in smooth. However, in the year 2017, the
respondent has developed his extra marital relations with his colleague.
The applicant came across about the said relations and when she asked
the about the same the respondent mentally and emotionally harassed
her. The respondent demanded the divorce from the applicant. He caused
sexual abuse to applicant.
3. The respondent has taken away 45
tolas gold ornaments of the
applicant. Though the respondent used to reside with applicant but he
ends his marital life with applicant. The respondent left with no financial
support to the applicant. He did not provides the means of maintenance
and money for expenses to applicant. Thus, according to applicant she has
been subjected the domestic violence at the hands of respondent.
4. The applicant prayed relief of protection order, residence
order, relief of alternate accommodation and interim maintenance of
I.50,000/- p.m.
5. The respondent resisted the application by filing his written
statement at (Exh.-13). Except the domestic relationship all other
allegations made by the applicant are denied by the respondent. He
denied that, he has any extra marital relations, as alleged. He denied that,
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he has been subjected the applicant any domestic violence, as alleged.
According to the respondent the applicant and her sisters, and brothers
harassed him. The applicant without any reason made complaint to his
employer therefore, he has no choice but to left his job. It is contended
that, the applicant is working in pathology laboratory and getting salary
to the tune of I.20,000/- p.m. Recently on tourist visa he had been to
Dubai for job. Lastly, he prayed that, application be rejected with cost.
6. The applicant in support of applications filed on record the
Copies of WhatsApp Chat, Copies of complaints to police, Copy of
agreement dated 06/07/2005 etc. The applicant also filed on record her
affidavit of Asset and Liabilities, at (Exh.-10).
7. The respondent has filed on record the his affidavit of Assets
and Liabilities, alongwith (Exh.-11). The respondent also relied on the
copies of Salary slips, which are at (Exh.-17-1) to (Exh.-17-3)
8. I have heard elaborated arguments of Ld. Advocate Payane for
applicant and Ld. Advocate Shabana Kazi for respondent. I have also
considered the written notes of argument filed by the applicant at
(Exh.-15).
9. Considering the rival pleadings of both parties following
points are arises for my determination. I have recorded my findings
thereon for the reasons, as under :-
Sr. No. Points Findings
1. Does the applicant proved
prima-
faciely that, she has been subjected
the domestic violence at the hands
of the respondents ? Yes.
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2. Is applicant entitled for relief of
protection order, as prayed? Yes.
3. Is applicant entitled for relief of
maintenance, as prayed? Yes.
4. Is applicant entitled for relief of
rent in lieu of alternate
accommodation or rent and relief
regarding
shridhan, as prayed?
No.
5. What order? Application is
partly allowed.
REASONS
As to point No.1 :-
10. In order to get relief under section 23 of Domestic Violence
Act the applicant has to prove that, she has been subjected domestic
violence at the hands of respondent. It is to be noted that, the marriage of
applicant is admitted to the respondent. Further, it is admitted fact that,
the applicant and the respondent have children by name Anika and Ansel.
The respondent came with defence that, no domestic violence caused by
him and this application is filed only for his harassment.
11. It is to be noted that, the applicant in support of her claim
relied on the copies of complaints made by her to police. The complainant
dated 26/03/2022, though filed after filing the present petition it appears
that, the applicant has made complaint harassment of respondent to
police, wherein she has reiterated alleged illicit relations of respondent.
12. It has further alleged that, the respondent also threatened her
about the dire consequences. Likewise, the complaint through Ld.
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Advocate dated 04/05/2022 also in consonance with the alleged
complaint dated 26/03/2022. Both the complaints bears the stamp of
police station-Vakola. Therefore, considering allegations made in
complaint and present proceeding and particularly, the contention in the
written statement of respondent it appears that, since few years it appears
that, the marital life of applicant and the respondent is disturbed.
13. Even it has transpired from the pleadings of the respondent
that, due to the complaint made by the applicant to his employer he left
his job. Therefore, Considering pleadings fo the both parties it appears
that, due to the alleged extra marital affairs their marital life has been
disturbed. The respondent also demanded the divorce from the applicant.
It shows that, the status of applicant as wife is appears to be denied by the
respondent. It shows that, the applicant is subjected the domestic violence
at the hands of respondent. Therefore, I hold that,
prima-faciely proved
that, she has been subjected domestic violence at the hands of respondent.
Hence, I record my answer to the point No.1 as in the affirmative.
As to point No.2 :-
14. This issue is in respect of the protection order. The applicant
has sought relief restraining the respondent 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 respondent. The applicant is having
apprehension in her mind that, the respondent will cause her domestic
violence in future also. Considering the allegations and counter
allegations, I am of in opinion that, in order to protect the interest of
applicant order for restraining the respondent No.1 from committing any
domestic violence in future can be passed. Hence, I record my answer to
point No.2 as in the affirmative.
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As to point No.3 :-
15. This issue is in respect of the monetary relief in the nature of
maintenance. While concluding point No.1 I hold that, applicant is
subjected domestic violence at the hands of respondent. It is to be noted
that and admitted fact that, prior to left the job the respondent getting the
amount as a salary near about of I.20,00,000/- and more per annum. The
applicant was prior to birth of her first child was in service but after birth
of first child, she left the job and now according her she is housewife.
16. Per contra, the respondent contended that, the respondent is
doing job of receptionist in one pathology and getting income to the tune
of I.20,000/- p.m. However, in order to substantiate said contention no
documents placed on record by the respondent. So far as, the income of
respondent is concerned he relied on the Salary slips alleged to be issued
by Metlife company but, those salary slips does not have any stamps of
company nor it discloses in which currency it has been paid to respondent.
Now from the record it appears that, the respondent was in service and
getting income to the tune of I.20,00,000/- per annum. The respondent is
able bodied person. Now according to him, he is in Dubai on tourist visa
for job. Therefore, certainly he would have smart income.
17. Considering the applicant’s basic needs and as the respondent
neglected to maintain his wife and by taking into consideration income
and responsibilities of the respondent I am of opinion that, the amount of
I.15,000/- p.m. would sufficient for her maintenance. Hence, I record my
answer to the point No.3 as in affirmative
As to point No.4 :-
18. The applicant has sought relief of rent in lieu of alternate
accommodation or rent, order regarding matrimonial home and the relief
in respect of stridhan. It is to be noted that, now the applicant used to
reside at the address given in the application at her matrimonial home.
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Therefore, at this stage it cannot be said that, she is totally shelterless.
Further, there is no direct evidence regarding that, the applicant is going
to alienate the property or evict the applicant from the home, hence, no
order in respect of residence can be passed in favour of applicant.
19. Even it is not at all came on record that, the gold ornaments of
applicant are with the respondent. Whether said ornaments are with the
respondent or not can be decide on the evidence adduced by the both the
parties, therefore, at this stage the relief regarding gold ornaments cannot
be granted. Considering all above aspects, I record my answer to the
point No.4 as in the negative and proceed to pass following order.
ORDER
1 The application is partly allowed.
2 The respondent shall not cause any kind of domestic
violence to applicant till final decision of the proceeding.
3 The respondent shall pay R.15,000/- p.m. to applicant, as
a interim maintenance, since the date of filing of the
present application.
4 The respondent shall pay R.20,000/- as the cost of the
present application to the applicant.
5 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 22/01/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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Dictated on :- 22/01/2025.
Transcribed on :- 22/01/2025.
Checked on :- 22/01/2025.
Signed on :- 22/01/2025.
SRD
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