Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No. MHMM18-007860-2019 C. C. NO. 248/DV/2019
Sangeeta V/s. Sachin
ORDER BELOW APPLICATION EXH.2
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 No.1 is her
husband and respondent No.2 and No.3 are her in-laws. Her marriage
with respondent No.1 took place on 03/01/2015. They have one son by
name Vihaan, age about 07 years old, out of said wedlock. After marriage
the applicant started to reside with respondent No.1, at Vileparle,
Mumbai. Her marriage with respondent No.1 is love marriage. According
to her, she was ill-treated and harassed at the hands of respondents during
her stay in matrimonial home.
3. It is further contended by the applicant that, the respondent
No.2 and No.3 subjected her the cruelty due to non fulfillment of their
demands. The respondent No.3 used to taunt her by saying that, she has
not given Dahej in marriage. The respondents also doubted the character
of the applicant. Even after giving birth to son the respondents continued
to harassed the applicant. The applicant has filed various complaints of
Non Cognizable nature in police station against the respondents.
4. It is further contended by the applicant that, since July 2019
she alongwith her son used to reside separately at her parental home.
Thus, according to her she is subjected to the domestic violence at the
hands of respondents. She is non having source of income. The
respondent No.1 is tailor by profession and able to pay maintenance of
I.20,000/- p.m. to applicant and her son. Therefore, she prayed that,
maintenance of I.20,000/- p.m. be granted from respondent No.1 and also
sought relief that, the respondent No.1 shall not cause any kind of
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domestic violence to her. The applicant also sought relief that, until final
decision of the proceeding respondent No.1 shall provide alternate
accommodation or to pay rent in lieu of alternate accommodation.
5. The respondent No.1 resisted the application by filing his
reply at (Exh.-6). Except the domestic relationship all other allegations
made by the applicant are denied by the respondent No.1. He denied that,
he has been subjected the applicant any domestic violence, as alleged. The
applicant without any reason made this complaint only with intention to
harass the respondent No.1. It is contended by the respondent No.1 that,
as there is love marriage applicant never reside with respondent No.2 and
No.3 at any point of time. There is no specific incident in respect of
domestic violence has been mentioned by the applicant. The application is
vague. He denied that, the complainants filed by applicant with police are
false.
6. It is further contended by respondent No.1 that, the applicant
wants to reside with her mother, sister and brother-in-law. Therefore, she
raised the quarrel with the respondent No.1. The brother-in-law of the
applicant has also given threats to respondent No.1. It is contended that,
he is suffering from piles, therefore, not able to sit for longer time. Hence,
his income is very low. Lastly, the respondent prayed that, application be
rejected with cost.
7. The applicant in support of her application filed on record the
Copy of Aadhar Cards, Birth Certificate, Copies of NC reports. The
applicant also filed on record her affidavit of Asset and Liabilities, at
(Exh.-5).
8. The respondent has filed on record his affidavit of Assets and
Liabilities, alongwith (Exh.-5A).
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9. I have heard elaborated arguments of Ld. Advocate Shri
Sandeep Sherkhane for applicant and Ld. Advocate Smt. Tuli for
respondents.
10. 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? Affirmative.
2. Is applicant entitled for relief of
protection order, as prayed? Affirmative.
3. Is applicant entitled for relief of
maintenance, as prayed? Affirmative.
4. Is applicant entitled for relief of
rent in lieu of alternate
accommodation or rent and relief
regarding restraining respondent
No.1 from transferring the
matrimonial home, as prayed?
Negative.
5. What order? Application is
partly allowed.
REASONS
As to point No.1 :-
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11. In order to get reliefs 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,
they have son by name Vihaan, who born on 01/10/2015. The applicant
and the respondent residing separately since July 2019. The respondent
No.1 came with defence that, no domestic violence caused by him and this
application is filed only for his harassment.
12. It is to be noted that, the applicant in support of her claim
relied on the copies of N.C. complaints made by her to police. I have gone
through the N.C. complaints made by applicant to police station –
Santacruz. It appears that the applicant has made the complaints about
the assault and abuses given by the respondent. It further appears that,
since 01/11/2016 the applicant has filed various complaints against the
respondent No.1 which are in respect of physical assault and verbal
abuses by the respondent No.1.
13. Though the respondent No.1 has denied that, he has
committed any domestic violence to applicant, but the various N.C.
reports shows that, the respondent No.1 used to beat the applicant and
also abused her. Therefore, I hold that, the applicant
prima-faciely proved
that, she has been subjected the domestic violence at the hands of
respondent No.1. 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 No.1 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 No.1. The
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applicant is having apprehension in her mind that, the respondent No.1,
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.
As to point No.3 :-
15. This issue is in respect of the monetary relief in the nature of
maintenance claimed by the applicant. According to the applicant since
separation the respondent has not provided any means of maintenance to
her and her son. The respondent No.1 is tailor and earning I.6,000/- p.m.
It is to be noted that, the respondent No.1 in reply admitted that, he is
tailor but he denied that, he is earning I.50,000/-, as alleged.
16. Therefore, in order to find out the true facts about the earning
of parties I would like to rely upon their affidavits of Assets and Liabilities.
The applicant is having no means of maintenance but considering the
affidavit of Assets and Liabilities of respondent No.1 he categorically
admitted that, his per month income is about I.6,000/-. So far as, the
medical condition of respondent No.1 is concerned, no documentary
evidence is placed on record to show that, he is suffering from piles and
not able to work. Therefore, I hold that, the minimum income of the
respondent No.1 is about I.6,000/- p.m.
17. The applicant used to reside with her son. She also used to
spent expenses from the education of her son Vihaan. The respondent
No.1 has not placed on record any document to show that, he is paying
regularly maintenance to applicant and son Vihaan. Being father and
husband it is the duty of respondent No.1 to provide maintenance to his
son and wife. Therefore, considering the basic needs of applicant and her
son Vihaan and considering the financial position of respondent No.1, I am
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of opinion that, the amount of I.4,000/- p.m. is sufficient, as a
maintenance to applicant and her son Vihaan. 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 said matrimonial home. It is to be noted that, now the
applicant used to reside at the address given in the application at her
parental home. Therefore, at this stage it cannot be said that, she is totally
shelterless. Hence, no order in respect of residence can be passed in
favour of applicant. 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 No.1 shall not cause any kind of domestic
violence to applicant till final decision of the proceeding.
3 The respondent No.1 shall pay I.4,000/- p.m. to
applicant and her son Vihaan, as a interim maintenance,
since the date of filing of the present application.
4 The respondent No.1 shall pay R.5,000/- as the cost of the
present application to the applicant.
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5 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 01/03/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 01/03/2025.
Transcribed on :- 01/03/2025.
Checked on :- 01/03/2025.
Signed on :- 01/03/2025.
SRD
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