Order 3

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 231 DV 2019 Reshma Vs Arif and Ors.
CNR No.MHMM18-007573-2019
ORDER BELOW EXH.3
(Corrected order as per order passed below Exh.1, dated 12.07.2022)
1. Perused record and written notes of argument. Heard both the sides.
This is an application under Section 23 of Protection of Women from
Domestic Violence Act, 2005, hereinafter referred as D.V. Act.
2. 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 this application for interim
reliefs in the main application. Applicant sought protection order,
residence order and maintenance, etc. in the form of interim reliefs.
3. Respondent No.1, failed to appear. Therefore, matter was
proceeded without his say. 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 virginity and chastity missing in the
application. The applicant herself not lived well, she is adamant and cruel,
therefore, application shall be rejected.
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C. C. No. 231 DV 2019 Reshma Vs Arif and Ors.
CNR No.MHMM18-007573-2019
4. Considering pleadings, submissions of applicant 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 -
POINTS FINDINGS
1. Does from the material on record applicant succeeded
in making out prima facie case of commission of
domestic violence against her by the respondent ? ...In the affirmative.
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ...In the affirmative.
3. What order ? ...Appln. is partly allowed
R E A S O N S
5. The application is supported by affidavit. The applicant in addition
to it filed on record certain documents. The interim reliefs sought are
mainly against Respondent No.1, Mr. Arif Naseem Sayyed. But he failed
to appear and file his say, it is thus not denied that he caused various acts
of domestic violence. It is also admitted by other respondents that
applicant is residing separately and respondents has not made any
arrangement for her survival as well as survival of her son residing with
her. The contents of the affidavit the copies of other documents and the
fact that no arrangement made clearly leads to prima facie inference that
there caused domestic violence by the respondent. The conduct of the
respondents as inferred from record, particularly from pleadings and
absence of Respondent No.1, reflects that fact the respondents taking no
care of the day to day requirements of the applicant. It is also not in
dispute that applicant has no means of income. In such a situation it is
clear that the respondents committed various acts of domestic violence
against the applicants. Therefore, I recorded my findings on Point Nos. 1
and 2, in the affirmative. Considering the facts pleaded pertaining to
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C. C. No. 231 DV 2019 Reshma Vs Arif and Ors.
CNR No.MHMM18-007573-2019
income of main respondent and material on record in support of it I am of
the opinion that following order will serve the cause of justice, -
ORDER
a. The application is partly allowed.
b. The respondent Mr. 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 March 2022, as past
interim maintenance.
c. The respondent Mr. Arif Naseem Sayyed, is herewith directed to
pay the interim maintenance of Rs.7,000/- (Rupees Seven Thousand only)
per month to the applicant, from the month of April, 2022 till the decision
of the main application, so that applicant shall not be compelled to knock
the doors of court again and again for enhancement of the maintenance
amount.
d. The respondent Mr. Arif Naseem Sayyed, is also directed to pay
Rs.5,000/- (Rupees Five Thousand only) per month to the applicant
towards house rent from today (i.e. from 29.03.2022) till the decision of
the main application.
e. The prayer for other interim reliefs is rejected.
f. If Respondent No.1, Arif Naseem Sayyed, failed to comply the
above order the applicant is directed to file separate application bearing
separate number for its enforcement.
g. The copy of this order shall be given free of costs to both the
parties.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.07.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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