Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No.MHMM18-008869-2023 C. C. NO. 181/DV/2023
Babita Yogesh Shahane V/s. Yogesh
Sagar Shahane & Ors.
ORDER BELOW INTERIM APPLICATION (Exh.-7)
The applicant Babita Yogesh Shahane has filed the present
application 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 applicant, her marriage with respondent No.1 was
solemnized on 04/05/2018. Respondent No.2 is her father-in-law and
respondent No.3 is her mother-in-law. After four months respondent No.2
and No.3 started torturing, assaulting the applicant. Before marriage
middle man told her that, respondent No.1 is an Army Officer but latter on
she came to know that her and her family members that, husband is
unemployed. In the year 2018, her abortion forcefully taken by respondents
without her consent. On 06/11/2019 one daughter namely Navya was
born out of said marriage.
3. Since 02/10/2022 when she came to know about affair of
respondent No.1 with girl her life became hell and miserable. When she
protested for that respondent No.2 and No.3 told her that, it is common in
their family as others had done two marriages. After that all respondents
started harassing her demanding dowry from her and her family due to
which she was living in fear. Respondents started abusing her physically,
mentally, verbally, emotionally, economically and psychologically also
without any reason they assaulted her by hand fist and elbow. Respondent
No.1 never care for applicant nor fulfilled her daily necessary expenses.
Respondents want son and she have daughter hene respondents had
beaten her and her daughter also.
4. Respondent No.2 and No.3 given her certain types of drugs
capsule so that she became ill and caused depression. Respondent No.2 and
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No.3 always taken side of respondent No.2 in his wrong doing and never
consider applicant as daughter-in-law. Respondents ill treated applicant
even in her pregnancy they forced her to do household work. Applicant on
29/11/2022 lodged complaint against respondent No.1 at Maharashtra
Rajya Mahila Aayoug.
5. Respondents by force dispossessed applicant from her home
and she was in trauma. Hence, on 05/06/2023, applicant lodged F.I.R.
bearing C.R.No.482 under section 498 (A) r.w.s. 34 of the Indian Penal
Code, with Vakola police station. On 3/08/2023 the respondent No.1 has
sent notice to applicant through his Ld. Advocate and made false and
baseless allegations against her. On 14/08/2023 the applicant replied to
the said notice. Now applicant is not resided with respondents. Applicant
have no place of accommodation, whereas respondents have three rooms.
Respondents had taken her jewellery and her money. Respondents
demanded one flat as father of applicant holds two flats in Mumbai.
Applicant is suffering from various decease. Lastly applicant seeking relief
of interim maintenance of Rs.25,000/- and permanent alimony of
Rs.25,00,000/- under the provisions of The Protection of Woman From
Domestic Violence Act, 2005.
6. Respondent No.1 by filing his reply at (Exh.-8) to present
application resisted the application. According to respondent he has not
cause any kind of domestic violence to applicant. The application filed by
applicant is false and vague. Since marriage respondent No.1 and
applicant were staying separately from respondent No.2 and No.3.
Applicant thrown respondent No.1 when he was seriously sick. Applicant
never do any household work. Applicant taunting respondent No.2.
Applicant not wants to live in village as she wants to live in Mumbai,
hence she always told respondent No.1 to live separately.
7. Father of applicant told respondent No.1 to bring applicant at
Mumbai and offered him job of Security. Therefore, respondent No.1 with
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applicant living in rental room. Respondent No.1 also going for singing in
hotel in evening. Applicant never allowed respondent No.1 to talk with his
parents. When respondent No.1 and applicant went to register name of
their daughter with B.M.C. applicant told to insert name of her father
instead of name of respondent No.1 next to name of their daughter. When
respondent No.1 tried to convey applicant, she raised quarrel. After
convincing by Officer present there name of respondent No.1 had been
added next to name of their daughter.
8. Applicant always raised quarrel with respondent No.1 on petty
issues and threatened him that she will go to parental home. In 2020, due
to Corona jobs of respondent No.1 windup also he suffering form illness,
at that time applicant with her daughter went to her parental home.
Therefore, respondent No.1 went to his native place and for treatment he
came to Mumbai. When respondent No.1 demanded money to applicant
she abused him. Applicant kept medical papers and educational
documents of respondent No.1 with her. Therefore, it is difficult to him to
get job and proper medical treatment.
9. When respondent No.1 went for understanding applicant and
her father abused him in filthy language. Applicant also filed petition
bearing No.A-1121/2024, under section 13 (1) of Hindu Marriage Act, for
divorce in Court. Respondent No.1 filed pertion under section 9 of Hindu
Marriage Act at Ahmednagar. Applicant not allowing respondent No.1 to
meet to daughter. Respondent No.1 used sing folk songs with his mother.
On the other hand applicant is higly qualified and doing job of smart
salary. Lastly, he prayed that application be rejected.
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 :-
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C. C. NO. 181/DV/2023 ~4~ ORDER BELOW APPLICATION (Exh-7)
Sr. No. Points Findings
1. Does the applicant proved
prima-
faciely that, she has been subjected
to the domestic violence at the
hands of the respondents ? Affirmative.
2. Is applicant entitled for interim
maintenance order, as prayed? Partly Affirmative.
3. Is applicant entitled for alimony
relief, as prayed? Negative.
4. What order? Application is
partly allowed.
REASONS
11. The applicant in support of her claim relied on the copies of
Affidavit of Assets and Liabilities, her three years Bank Account Statement
issued by Indian Bank, under application (Exh.9).
12. Per contra, the respondents No.1 has filed on record his
Affidavit of Assets and Liabilities (Exh.10) and his three years Bank
Account Statement issued by State Bank of India, (Exh.11 and 12).
13. I have heard elaborated arguments of Ld. Advocate for
applicant and Ld. Advocate for respondent No.1.
As to point No.1 :-
14. In order to get interim relief under section 23 of the
Protection of Women from Domestic Violence Act, the applicant prima-
facie has to prove that, she has been subjected to domestic violence at the
hands of respondents. It is to be noted that, the respondents have not
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denied the relationship with applicant. Therefore, the relationship
between them is the domestic relationship. Moreover, Decree of Conjugal
Rights passed by Hon’ble Civil Judge, Senior Division Ahmednagar, on
17/07/2024 and directed to the applicant to cohabit.
15. According to applicant soon after marriage she started to
reside with her husband along with her father-in-law and mother-in-law at
her matrimonial home. In order to get relief under section 23 of Domestic
Violence Act the applicant has to prove that, the applicant has been
subjected domestic violence at the hands of respondent.
16. It is admitted by applicant and respondent No.1 that they
married with each other and their marriage is arrange marriage.
Therefore, prima-facie it appears that, there are domestic relations
between applicant and respondent.
17. Now whether the applicant is subjected the domestic violence
or not, is issue before me. The respondent No.1 denied all the allegations
made by the applicant against respondents by saying that, no particulars of
alleged incidents of domestic violence has been given. It appears that, the
respondent No.1 is not maintaining applicant and daughter Navya, which
is also amounts to the domestic violence.
18. Therefore, it appears that, the relations between them are
strained and inference can be drawn that, as the respondent No.1 is not
maintaining to applicant and daughter Navya thus, applicant is emotionally
abused by the respondent No.1 which amounts to the domestic violence.
Moreover, applicant stated on affidavit tha,t she has been subjected to
domestic violence and cruelty, not only mentally, verbally, emotionally,
economically and psychologically also by respondents. It can be gather
prima facie that, the applicant has been subjected domestic violence. At
this premature level it can not be expected concrete proof of domestic
violence.
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19. Considering facts stated in Income affidavit of respondent
No.1 and applicant that, they are living separate since 05/06/2023 itself
prima facie shows strain relation between applicant and respondent No.1.
Therefore, I hold that, applicant prima-facie proved that, she has been
subjected domestic violence at the hands of respondent No.1. Hence, I
record my finding to the point No.1 as in the affirmative.
As to point No.2 :-
20. This issue is in respect of the interim relief for maintenance to
the applicant. While concluding point No.1 I hold that, applicant is
subjected domestic violence, at the hands of respondent No. . According to
the applicant, she has no sufficient source of income. The respondent No.1
neglected and refused to maintain applicant though he has sufficient
source of income. Per contra, the respondent No.1 come with the case
that, the applicant is earning and having sufficient means of income.
Therefore, applicant is not entitled to any monetary relief.
21. Ld. Advocate for applicant submits that, the respondent No.1
is earning. But, the respondent No.1 has not providing any means of
maintenance, therefore, considering income and lifestyle of respondent
maintenance of I.25,000/- p.m. to applicant be granted.
22. Per contra Ld. Advocate for respondent No.1 submits that, the
applicant is earning woman and respondent No.1 having responsibility of
his parents. Hence, applicant is not entitled to any relief, as sought.
23. I have gone through the Affidavits of Assets and Liabilities
filed by the both parties and also gone through the Affidavits submitted by
them.
24. From the Affidavit of Assets and Liabilities of applicant it
appears that, she has no source of income. She has not having sufficient
means to maintain herself and daughter. It is to be noted that, from the
Affidavits of Assets and Liabilities of respondent No.1 it shows that, the
respondent is earning Rs.12,000/- p.m. and his mother is getting
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allowance from government i.e. Kalakar Bhatta of Rs.5,000/- and
Rs.1,500/- from Ladki Bahin Yojna.
25. The income affidavit (Exh.5) of respondent No.1 reflects that,
his monthly income of Rs.12,000/- p.m. The income affidavit filed by
applicant (Exh.9) reflects that, monthly expenditure of Rs.35,000/-.
Respondent No.1 is earning for his livelihood. Respondent No.3 is also
getting allowance from government, hence, there is no any responsibility
upon respondent No.1 regarding his parents.
26. Therefore, it appears that, the respondent No.1 is having
source of income from his contract business. The applicant is wife of the
respondent No.1. Being husband of applicant and being father of daughter
Navya the respondent No.1 is under the obligation to maintain applicant
and their daughter. But it reveals that, the respondent No.1 is not
providing any means of maintenance to applicant and daughter. The
applicant is unable to maintain herself. Considering the basic needs of the
applicant, hiking prices of essential commodities and respondent No.1
being able bodied person, I am opinion that, applicant is entitled to for
interim maintenance, as provided under section 23 of Domestic Violence
Act. Therefore, I am of opinion that, the interim maintenance of
Rs.2,500/- p.m. to applicant and Rs.2,000/- p.m. to daughter Navya is
sufficient, as a interim maintenance. Hence, I record my finding to the
point No.2 as in the partly affirmative.
As to point No.3 :-
28. This point is pertaining to permanent alimony to applicant
from respondent No.1. same will be decided at the final conclusion of
main application after evidence. Hence, I record my finding to the point
No.3 as in the negative and proceed to pass following order.
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ORDER
1 The application is partly allowed.
2 The respondent No.1 shall pay Rs.2,500/- p.m. to
applicant and Rs. 2,000/- to daughter Navya, as a interim
maintenance, since the date of filing of the present
application.
3 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 05/09/2026.
SRD.
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 05/09/2026.
Transcribed on :- 05/09/2026.
Checked on :- 05/09/2026.
Signed on :- 05/09/2026.
SRD
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