Final Order 4

Order Details: Copy of Judgment
Pdf Text: C. C. No. 231 DV 2019 Reshma Vs Arif and Ors.
CNR No.MHMM18-007573-2019
Judgment, Exh.14
Received on – 14.10.2019
Registered on – 16.10.2019
Decided on – 12.01.2024
Duration – 04 Ys. 02 Ms. 28 Ds.
Exh.14
IN THE COURT OF METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI
(Presided over by Komalsing Rajput)
C. C. No.231/DV/2019
Mrs. Reshmabano Arif Sayyad,
Age – Adult, Occu.- Housewife,
R/o. 95/4, Azad Chawl, APPLICANT
L. B. S. Marg, Near Kadari Masjid,
Naik Nagar, Sion West, Mumbai.
Vs.
1. Mr. Arif Nasim Sayyad,
Age – Adult, Occu.- Service,
2. Mr. Tarikh Nasim Sayyad,
Age – Adult, Occu.- Nil, RESPONDENTS
3. Mrs. Nuzahad Tarikh Sayyad,
Age – Adult, Occ.- Nil,
All R/o. B 603, Mira Enclave,
Near Poonam Complex, Naya Nagar,
Mira Road, Dist. Thane.
Advocates for the Parties –
For Applicant - Mr. Y. P. Dubey, Advocate
For Respondents - Mr. S. A. Naqvi, Advocate
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C. C. No. 231 DV 2019 Reshma Vs Arif and Ors.
CNR No.MHMM18-007573-2019
Judgment, Exh.14
JUDGMENT
(Delivered on 12th January, 2024)
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 -
As per applicant her marriage with the respondent Arif Naseem
Sayyed solemnized on 19.04.2018 at Kausa, Mumbra, Thane. After
marriage she had been to the house of respondents for cohabitation.
Initially everything was fine. On 16.06.2018, applicant came to know that
she is pregnant. Main respondent Arif made allegations of adultery against
her by saying said pregnancy is not from him. He caused various acts of
mental and physical cruelty. Other respondents also joined him. They
demanded money, etc. All these acts are narrated in detail in the main
application. She delivered a male child on 05.12.2018. His care was also
not taken by respondents. The respondent is in service with the prominent
builder and earning salary of Rs.35,000/- per month. Applicant has no
means of income. Therefore, she filed present application for various
reliefs.
3. Respondent No.1, failed to appear despite service of notice.
Therefore, matter was proceeded ex-parte against him.
4. Respondent Nos.2 and 3, filed their say. The summary of their
pleading is that the application is false. They are not at all connected with
the alleged acts of domestic violence. After marriage the applicant and her
husband were residing separately. They never demanded any dowry. It is
came to know from Respondent No.1, that after ten days of marriage
physical contacts established, but Respondent No.1, found that qualities of
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CNR No.MHMM18-007573-2019
Judgment, Exh.14
virginity and chastity missing in the application. The applicant herself not
lived well, she is adamant and cruel, therefore, application shall be
rejected.
5. In support of her claim applicant examined herself vide her
evidence affidavit, Exh.8. Respondents neither cross examined her nor
filed any evidence.
6. Considering pleadings, evidence on record 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 -
Sr. No. POINTS FINDINGS
1. Does it prove that the respondent committed
domestic violence against applicant? .....Partly proved.
2. Does the applicant entitled to the reliefs as
prayed for? ….Partly proved.
3. What order? …..Appli. is partly allowed.
REASONS
AS TO POINTS NOS.1 AND 2 – Domestic violence and reliefs
7. The applicant A.W.1, Reshmabano Arif Sayyad, vide her
evidence affidavit, Exh.8, deposed that her marriage with respondent
was solemnized on 19.04.2018, at Kausa, Mumbra, Thane, as per
Islamic rites. She had been to cohabitation at the house of respondents at
Mira Road, Thane. Then Respondent No.1, brought her to Kausa, Thane.
There was a joint family. After two months all the respondents started
harassing her. On 16.06.2018, respondents brought her back to Mira
Road, for Eid and found that she is pregnant. Main respondent suspected
her character, abused her and assaulted. He denied his paternity.
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8. On 07.07.2018, respondent took her nude photos and threatened
her to make them viral if she had not disclosed paternity of child in her
womb. Then they returned Mumbra, where he had not allowed applicant
to see her parents. Respondent brutally assaulted her, insulted and
humiliated. On 02.08.2018, Respondent No.2, came to Mumbra. She
also participated, during her stay of one month there, in the various
kinds of violence administered against applicant. She also made
allegations for adultery against applicant and on her say C.C. T.V.
cameras were installed in the house.
9. During pregnancy neither any medical check up done nor proper
care of the applicant was taken. Rather wild allegations were made
against applicant. Therefore, she was compelled to leave matrimonial
house. Her parents incurred huge expenses during and after marriage.
The notice was also served on the respondents and maintenance and
other aids were demanded. But they falsely replied it. Applicant has no
means of income. She is totally dependent for her survival on her old
aged parents. Therefore, applicant filed present application for
protection order, maintenance, house rent and compensation.
10. 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
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. The pleadings of the Respondent Nos.2
and 3, itself constitute domestic violence. It is also came in evidence that
they were also caused various such acts. Therefore, I recorded my
findings on Point No.1, as partly proved against all respondents.
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11. So far as reliefs are concerned applicant claimed protection order,
maintenance, house rent and compensation. The main respondent is in
service and earning salary. Admittedly, applicant is residing separately
with her old aged parents. 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 respondents, I am
of the opinion that following order will serve the cause of justice, hence
order -
ORDER
A. Application is partly allowed.
B. The respondent Arif Naseem Sayyed, is herewith directed to pay
Rs.4,000/- (Rupees Four Thousand Only) per month to the applicant,
from the date of filing of application till the month of December 2023, as
past maintenance.
C. The respondent Arif Naseem Sayyed, is herewith directed to pay
the maintenance of Rs.7,000/- (Rupees Seven Thousand only) per month
to the applicant, from the month of January, 2024, as future maintenance.
D. The respondents are herewith directed to allow access to the
applicant in a shared household i.e. at Flat No.B 603, Mira Enclave, Near
Poonam Complex, Naya Nagar, Mira Road, Dist. Thane and permit her
to reside there and not to commit any act of domestic violence against
the applicant.
E. In the alternative if they failed to comply above residence and
protection order, the respondent Arif Naseem Sayyed, is herewith
directed to pay additional amount of Rs.5,000/- (Rupees Five Thousand
only) per month to the applicant towards house rent from the month of
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January 2024. If he failed applicant is at liberty to take necessary action
for execution of above order.
F. All the respondents are also directed to pay the additional amount
of Rs.50,000/- (Rs. Fifty Thousands Only) to applicant towards
compensation and expenses.
G. Copy of this judgment shall be given free of costs to both the
parties.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 12.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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C. C. No. 231 DV 2019 Reshma Vs Arif and Ors.
CNR No.MHMM18-007573-2019
Judgment, Exh.14
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 : 12.01.2024
signed by P.O. on : 12.01.2024
uploaded on : 23.01.2024
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