Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 261 DV 2019 Anchal Vs Ghanshyam and ors.
CNR MHMM18-008341-2019
ORDER BELOW EXH.1
1. Perused record and written notes of arguments. Heard both sides.
The applicant Mrs. Anchal Kajal Chhabaria, hereinafter referred as main
applicant, approached this court under Section 12 of Protection of Women
from Domestic Violence Act, 2005, hereinafter referred as D.V. Act, and
sought various reliefs under the said act vide prayer clause 58(h), the
applicant sought various interim reliefs, in pursuance of those main
prayers. The summary of those prayers is that, the applicant sought
interim orders of protection, maintenance, residence and compensation.
2. It is the case of the main applicant that her marriage with
Respondent No.6, Mr. Sanjay P. Chhabaria, was solemnized on
30.03.2004, at Prayagraj, Allahabad. Out of the said marriage two
children, Applicant Nos.2 and 3, born. Respondent No.5, is her father-in-
law and Respondent No.1, is her brother-in-law and other respondents are
her remaining in-laws. Main respondent is highly educated and serving
with a finance company.
3. After marriage main applicant and her husband - main respondent,
shifted to Mumbai. On the say of Respondent No.1, he searched
accommodation and purchased flat at Bandra, Mumbai, as he agreed to
pay the half of the purchase amount. But he has not paid any share and
later on main respondent purchased the said property on his own. Later on
again Respondent No.1, assured of payment of half of amount to purchase
new property. Accordingly, main respondent searched flat at Mulund,
Mumbai, and flat was purchased. At this time also Respondent No.1,
retracted from his promise and main respondent compelled to purchase
the said flat on his own. Despite repeated requests, Respondent No.1, not
paid any amount.
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4. Due to this financial burden of repayment of loan amounts, the
main respondent got disturbed. His behavior towards applicants changed
and he started neglecting them. Further, other respondents also started
interfering in the properties and started disturbing lives of applicants and
main respondent. They started coming to Mumbai, and residing in those
flats several times. While residing their they caused various acts of
domestic violence as narrated by applicant in the main application. She
approached police several times, but no purpose served. Therefore, she
filed present application seeking various reliefs.
5. All the respondents appeared. The main respondent not filed any
say. The other respondents vide their say, Exh.8, denied all the adverse
allegations. The summary of their reply is that, they were having joint
family at Prayagraj, Allahabad. The main respondent is highly educated.
All the expenses upto the marriage were born by Respondent No.1 and
other family members. Main respondent for his job initially shifted to
Delhi and then to Mumbai. After marriage on his request Respondent
No.1, made huge financial help to main respondent and out of such
contribution main respondent purchased flat at Bandra, Mumbai, in the
joint name of both these respondents. On the say of main respondent and
as lured by him under the pretext of investment and huge returns, both of
them purchased another flat at Mulund, in their joint name.
6. But later on, on the instigation of main applicant the behavior of the
main respondent changed. With intention to grab both the properties the
main applicant filed present application. They never caused any of the
acts of domestic violence. Further, the allegations are of civil nature and
constitute no case of domestic violence. The properties are jointly owned
by respondents and with a view to remove them out of those properties,
main applicant filed this false application and claimed various interim
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CNR MHMM18-008341-2019
reliefs. The main respondent filed pursis to the effect that he will not
create any third party interest in those properties.
7. Considering adverse pleadings of applicants and Respondent Nos.1
to 5, written and oral submissions of both the parties, 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 ?
....Partly against Respondent
No.6, only.
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ?
....Partly against Respondent
No.6, only.
3. What order ? ….Application is partly
allowed against Respondent
No.6, only.
R E A S O N S
8. The above pleadings are supported by affidavits of both the parties.
In addition to it applicant filed on record copies of various N. C. Reports
filed with police, photographs of the shared household and other
documents. The Respondent Nos.1 to 5, in their say claimed that the
dispute is of civil nature and only bone of contention is both the
properties. They never committed any acts of domestic violence.
9. Admittedly, these respondents are not permanently residing at
Mumbai. They are just visitors of the properties. Only main respondent is
residing with applicants in a shared household. The tenor of the pleadings
of the applicant if considered in the light of defence pleaded, there
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appears substance in the said defence. The defence appears probable.
They are not sharing shared household with applicants.
10. The copies of N. C. Reports and other documents suggests that on
account of property disputes the daily skirmishes occurring. There found
no element of domestic violence. Further, the reliefs sought are
exhaustive. They are having effect of granting final reliefs and
permanently dispossessing the respondents. Therefore, before granting
any reliefs of interim protection order there must be strong case, to be
made out by applicant. But she failed in it. Same is the case with other
interim reliefs. Therefore, no relief can be granted against Respondent
Nos.1 to 5.
11. So far as, main respondent is concerned, he has not filed any
defence, though he is sharing the common shelter with the applicant and
main allegations are against him. Therefore, those allegations remained
intact and relief can be granted against him only as in such a situation it
can be inferred that the main respondent committed various acts of
domestic violence against the applicant, including emotional and
economic violence. Therefore, I recorded my findings on Point No.1, as
partly only against Respondent No.6.
12. So far as reliefs are concerned the applicant claimed almost all the
reliefs provided by the D. V. Act. But I am of the opinion that except
monitory relief other reliefs can not be granted as such a relief will have
an effect of ousting the other respondents from the property. Further, other
reliefs required some additional corroborative material. On the basis of
pleadings and documents produced, it can be said that it is deficient to
grant such reliefs. Therefore, I recorded my findings on Point No.2, also
as partly, only against Respondent No.6 and accordingly, passing
following order in the interest of justice -
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C. C. No. 261 DV 2019 Anchal Vs Ghanshyam and ors.
CNR MHMM18-008341-2019
ORDER
a. The application is partly allowed only against Respondent No.6,
Mr. Sanjay P. Chhabaria.
b. The Respondent No.6, Mr. Sanjay P. Chhabaria, is herewith
directed to pay Rs.6,000/- (Rupees Six Thousand Only) per month to the
Applicant No.1, Anchal Kajal Chhabaria, and Rs.2,000/-(Rupees Two
Thousand Only) per month to each of their children, Miss Sonika Sanjay
Kumar Chhabaria and Master Kush Sanjay Kumar Chhabaria, from the
date of filing of application till the month of March 2023, as past interim
maintenance. It means said respondent shall pay total amount of
Rs.10,000/- per month to the applicant as past maintenance.
c. He is also directed to pay the interim maintenance of Rs.15,000/-
(Rupees Fifteen Thousand) per month to the applicant, Anchal Kajal
Chhabaria, and Rs.5,000/- (Rupees Five Thousand) per month to each of
their children, from April 2023 till the decision of the main application
towards maintenance and education expenses of the children, so that
applicant shall not be compelled to knock the doors of court again and
again for enhancement of the maintenance amount. It means said
respondent shall pay total amount of Rs.25,000/- per month to the
applicant as future maintenance.
d. The prayer for other interim reliefs and reliefs claimed against
other respondents is rejected.
e. The 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 recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.03.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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