Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 247 DV 2019 Deeksha Vs Varun
CNR-MHMM18-007830-2019
ORDER BELOW EXH.3
1. The main application is filed under Section 23 of Protection of
Women from Domestic Violence Act, 2005, hereinafter referred as D.V.
Act, and the present application in it for various interim reliefs.
2. Ld. Advocate for the applicant submitted that except residence
order, at this point of time she is not in need of any other order as she is
apprehending her dispossession.
3. Heard Ld. Advocate for the applicant. Heard Ld. Advocate Shri.
Anurag Agrawal for the respondent. It is the case of the applicant that the
divorce proceeding filed by respondent at Amritsar, Punjab, reached upto
Supreme Court and in terms of settlement arrived there the divorce
petition was withdrawn. The applicant agreed to certain terms and
conditions in the said settlement. But respondent failed to remain abide by
those conditions, therefore, applicant approached this court alleging
domestic violence against respondent. She filed the present application in
it for various interim reliefs and as submitted she is now insisting only on
residence order.
4. The arguments of Ld. Advocate for the applicant are in tune with
her pleadings. Ld. Advocate Shri. Agrawal for the respondent submitted
that the house is not personal property of the respondent, but it is owned
by Hindu Undivided Family (H.U.F.). Respondent along with his brother
started business and obtained loans from various financial institutions and
private persons. As business ran into losses now for the recovery of the
loans certain proceedings were instituted. One of such a proceeding is
going on before Calcutta High Court bearing No.EC/366/2021 Poonawala
Fincorp Limited Vs. A N V Shawls and ors. In the said proceedings details of
Assets and Liabilities of respondent was called. He is in need of the
property for settlement of those accounts and for furnishing details before
-- 1 of 3 --
C. C. No. 247 DV 2019 Deeksha Vs Varun
CNR-MHMM18-007830-2019
High Court in the said proceedings. With a view to avoid that recovery of
public money and harassing respondent, the applicant filed this
proceeding and insisting on residence order.
5. From these submissions it is clear that on one day or other
applicant is going to be ousted from the shared household situated at
address mentioned in the application, if the proceedings pending before
High Court goes against the respondent. Therefore, this court made
specific query to the respondent that if applicant is dispossessed from the
shared household what remedy she will be availed off, she may come on
road and that too with her younger son. Ld. Advocate in this regard
submitted that he is ready to provide alternative accommodation if
ordered by the court and he requested that no order about the shared
household as mentioned in the application can be passed.
6. From these submissions from the side of respondent it is clear that
applicant is going to be ousted and respondent has not made any
alternative arrangement. Respondent is ready to made such arrangement.
Considering the peculiar situation arrived and as the facts of domestic
violence are supported by affidavit and other documents I am of the
opinion that certain interim reliefs in respect of residence is necessary and
that too to balance the interest of both the parties, therefore, following
order -
ORDER
a. The respondent is directed not to dispossess the applicant and her
son from the shared household i.e. Room No.21/63, Sea Pearl, O.N.G.C.
Colony, K. C. Marg, Opp. Lilavati Hospital, Bandra (W), Mumbai.
b. This order is however, subject to order of High Court to be passed
No.EC/366/2021 Poonawala Fincorp Limited Vs. A N V Shawls and ors.
-- 2 of 3 --
C. C. No. 247 DV 2019 Deeksha Vs Varun
CNR-MHMM18-007830-2019
c. The respondent is directed to inform the development in the
proceedings in No.EC/366/2021 Poonawala Fincorp Limited Vs. A N V Shawls
and ors., from time to time and if any order resulting ouster of the
applicant and her son from the shared household i.e. Room No.21/63, Sea
Pearl, O.N.G.C. Colony, K. C. Marg, Opp. Lilavati Hospital, Bandra (W),
Mumbai, is passed.
d. If such contingency of ouster of applicant and her son from the
shared household occurred on account of order passed by High Court in
above referred proceeding, respondent is directed to pay house rent of
Rs.1 lac per month from the date of ouster till the disposal of the main
matter.
e. Copy of this order shall be given free of costs to both the parties
and if Respondent failed to comply the order the applicant is directed to
file separate application bearing separate number for execution of order.
f. Applicant shall file her affidavit of evidence on next date.
MUMBAI (KOMALSING RAJPUT)
DATE – 23.02.2022 M.M., 12TH COURT, BANDRA, MUMBAI
-- 3 of 3 --