Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: : 1 : Case No.89/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI.
CASE NO. 89/DV/2018
Vandana Karamchandani ... Applicant
Vs.
Chintan Yogesh Kalolia & Ors. ... Respondents
ORDER BELOW EXH.4 FOR INTERIM RELIEF
1] The applicant filed present application u/s.23 of the
Protection of Women from Domestic Violence Act (hereinafter
referred to as 'The Act' for the sake of brevity) for granting interim
maintenance to the applicant during the pendency of application.
2] The applicant stated that the marriage of applicant with
respondent no.1 was solemnized on 18/04/2016 as per Hindu Vedic
Rites at Mumbai. It was a love marriage. All the expenses for the
marriage were borne by the father of applicant. During marriage the
father of the applicant had fulfilled all demands of the respondent
no. 1. He gifted watches and gold coins to the respondent no. 1 and
his family members. After marriage she went at the house of
respondent no. 1 at Ahmedbad she came to know that the
respondent no. 1 is suffering from major alcoholism. During the stay
of applicant in the matrimonial house, the respondents illtreated,
harassed, tortured and abused the applicant. On one occasion, the
respondent no. 1 had twisted her hand and abused her and thrown
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on the floor. The respondents used to demand of buying luxury
items while on flight. Also, demanded Rs.5 Lakhs from the applicant.
When she failed to comply their demands the respondent was asked
to leave the matrimonial house and threatened of divorce. The
respondents have been unlawfully taken away all the gifted jewellery
as well as stridhan of the applicant and compelled the applicant to
leave the matrimonial house on 16/09/2017.
3] The applicant further submitted that the applicant was
working as a pilot with Air India. But due to her physical and mental
condition she was constrained to take a sick leave from her office
and diagnosed with prolapsed inter vertebral disc problem. To
support her contention she has filed on record medical papers and
medical certificates issued by her office declaring her unfit for flying.
Due to harassment at the hands of respondents the applicant has
suffered a lot and now she is jobless and has no source of income to
survive. The respondents have business of manufacturing and
production of vial machines and all types of glass vials for
pharmaceuticals and diagnostic industries. Also, respondent no. 1
owned two companies and his annual income is about 2.5 million US
Dollars. He is living and enjoying a high life style. The applicant is
totally depended upon his father. Hence, this application.
4] The respondents filed their say Exh.6 and denied all the
allegations made by the applicant. The respondents never committed
any domestic violence. The application is filed on false ground. The
allegations of applicant are totally false. Without any incidence the
false incidence has been shown by the applicant to file this
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application. The applicant has never resided with the respondent
no.1. Since her marriage she has been residing at Mumbai with her
father and told the respondent no. 1 to shift in Mumbai. The
applicant was never on leave. She is a pilot by profession. She has
not come before Court with clean hands with malafide intention.
The respondent no. 1 submitted that his factory is running into
losses and not earning sufficient income. He lastly submitted that the
applicant is not entitled for the maintenance.
5] The applicant filed rejoinder to the reply filed by
respondents. The applicant submitted that the respondent no. 1 has
not made any specific statement disclosing his financial status. Since
she has not been working and need of financial assistance from the
respondent no. 1. The respondent no. 1 has not bothered to provide
any financial assistance for securing a shelter and providing medical
fees. The respondent no. 1 is giving life threats to the applicant.
6] Perused application and written arguments filed on
record by both the parties. The written arguments were filed before
lockdown of Covid19. The applicant came on every fixed date and
pressed to pass order. Also, she filed application to order. The notice
was issued upon this application but the respondents failed to
appear.
7] This is an application for interim maintenance and other
reliefs from the domestic violence. Therefore, at the time of passing
the interim order the another merit in the main application may not
be considered.
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8] After going trough the application and submission, it
clearly reveals that the relation between parties are admitted. It is
also not disputed that presently both of them have been residing
separately. During this period as per applicant the respondent no.1
tortured her mentally and physically.
9] Considering his submission and admission, it is to be
considered about the quantum of interim maintenance. The
contention of the respondent no. 1 is that the applicant is working
lady and a pilot by profession. The applicant has not denied that she
is a pilot, she only denied presently she has not been working due to
cruelty at the hands of respondents. She submitted that she is now
jobless. The submission of respondent no.1 is that he has suffered
losses from his business and not earning sufficient income. According
to the applicant, the respondent no.1 is having his own companies
and his annual income is about 2.5 Million US Dollars, but no
documentary evidence is placed on record in this regard. The
applicant has only filed on record copies of documents showing
company details of the respondent no. 1 in the name Chintan Centre
of Research. The respondent no.1 has also not disclosed his income
source. If it is assumed that the applicant is working woman but it is
moral duty of the respondent no.1 to maintain his wife.
10] Considering the day to day necessities, cost and standard
of living and earning source of respondent no.1 the applicant is
entitled for interim maintenance. Hence, I pass the following order.
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ORDER
a] The application is partly allowed.
b] The respondents are hereby restrained from
committing any act of domestic violence against the
applicant till decision of main application.
c] The respondent no.1 is hereby directed to pay amount
of Rs.1,50,000/ (Rupees One Lakh Fifty Thousand
only) per month as interim maintenance to the
applicant from the date of filing of present application.
d] The copy of the order be given to the both parties and
Police Officer of police station concerned, free of cost.
Mumbai.
Date : 28/10/2020
( Jaydeo Y. Ghule )
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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