Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-009047-2024 C. C. NO. 105/DV/2024
Riddhi Sunny Joshi V/s. Sunny Joshi &
Ors.
ORDER BELOW INTERIM APPLICATION (Exh.-2)
The applicant Riddhi Sunny Joshi has filed the present
application under sections 12, 18, 19, 20, 21, 22 and 23 of the Protection
of The Woman from the Domestic Violence Act, 2005 (here-in-after
referred as, 'the PWDV Act'), wherein she prayed for maintenance to her
and her child, protection order, monetary relief for mental and physical
violence caused by respondents, compensation for mental torture and
emotional distress caused by respondents and litigation expenses.
2. According to applicant, her marriage with respondent No.1 was
solemnized on 11/02/2020 as per Hindu Vedic Rites and Customs.
Respondent No.2 is her father-in-law and respondent No.3 is her mother-
in-law. Her father paid whole amount of marriage expenses though it was
decided it will be paid equally by both parties. Respondent No.2 and No.3
had habits to visiting her room in untimed without knocking the door,
which caused her uncomfortable for changing dress and performing her
other private activities. After few days respondent started to taunt that,
‘your father did not give me anything, they did not give me any dowry or
at least a cupboard which we were expecting, your brother did not gifted
me anything neither a honeymoon package’. The respondent No.1 using
filthy languages and vituperated her.
3. Further it is contended that, at the time of marriage
respondents have implicated to the family of applicant that, respondent
No.1 does not have any bad habits but after marriage it was revealed that,
respondent No.1 have bad habits i.e. alcohol consumption, cigarettes
smoking and others. Upon asking about said habits to other respondents
they threatened applicant that, she should not asked about these habits
anymore otherwise they will leave her to her matrimonial house.
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Respondents have quarrelsome nature. The respondents torturing the
applicant to do all household work till 01.00 a.m. and woke up at 06.00
a.m. Respondents never allowed applicant to interact with neighbors and
neither they allow her to go out of the house. Applicant always tried to
talk with respondent No.1about family behaviors but he never understand
her and continued behaved cruely with applicant. But applicant tolerated
the torture with complete silence to make marriage success.
4. Further it is contended that, respondent No.2 created fights
on petty issued and always taunted about her parents. Respondent No.2
always used filthy language supported respondent No.3. Respondent No.1
leave house in the night to party and always return home by early
morning. Applicant was not given any expenses, she was mere a puppet
for the respondents just to satisfy their social needs. When father of
applicant observed sadness and afraid on face of the applicant he asked
her and she spill the beans about cruel behaviors of respondent. Father of
applicant called respondent No.2 for meeting he abused him and said “if
you want your daughter to live happily then don’t listen to her, whatever
the respondent No.1 is doing is correct”.
5. It is further contended that, respondents used to assault her
like animal and used to taunt. The applicant was not allowed to talk to
anyone over the phone, when her father called then they give her the
mobile and stand nearby to her, so she was not inform them about the
harassment. Due to physical and mental torture by respondents impact
applicant’s health and mind which causing her falling sick. Even though
respondent kept giving her all household work without taking her to the
Doctor or giving proper medical care.
6. Further it is contended that, during pregnancy respondent
No.1 taken care of her but this was not digested by respondent No.3.
Respondent No.3 used to find way to create tensions and stress between
applicant and respondent No.1. During pregnancy she used to get lot of
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cravings but she was not allowed anything and she has to beg for her basic
needs. During her pregnancy respondent No.3 said for normal delivery the
applicant should work and not rest. During her pregnancy there were too
many fights which stressed her mentally and even no support from
respondent No.1 emotionally or physically. On 19/11/2022 she delivered
baby girl. All expenses of her delivery and post delivery were taken by the
applicant’s family. Respondents only visited during visiting hours and did
not care much for applicant.
7. Further it is contended that, upon speaking with some
prominent people in community and parents of respondent No.1 they
instead of trying to understand started blaming the applicant and put false
allegation and started taunting her that the applicant is incapable for
marital relationship. Applicant used to do all the household work but
respondents behavior is of unbecoming nature cause mental torture.
Respondent No.1 assaulted the applicant end number of times. On
14/06/2024 she left her matrimonial house and came to her parents
house. Thereafter, all respondents calling her and threatening her stating
that, they will come to Santacruz and take away baby namely Prisha. On
19/06/2024 all respondents came to her parents house and took her
daughter away with them. So applicant went to Santacruz police station
there Incharge Namely Deepak Basarkar called respondent No.1 and asked
to bring the child who is still on milk and needs her mother. Then all
respondents came to police station and hand over baby to applicant.
8. Further it is contended that, since 14/06/2024 applicant used
to reside at her parents house and respondent No.1 has not given
maintenance to applicant and she is not in position to meet her and her
child expenses. Respondents had not returned her gold ornaments and
shreedhan is still with them. At present entire expenditure of applicant is
taken care by applicant’s parent. Respondent No.1 has neglected to
maintain his wife. Respondent No.1 is businessman and earning more than
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Rs.1,50,000/- p.m. The monthly expenses of applicant and her child is at
present are more than Rs.30,000/- including medical and other basic
necessities. Lastly applicant seeking relief under section 17, 18, 19, 20 and
23 of The Protection of Woman From Domestic Violence Act, 2005.
9. Respondent No.1 by filing his reply at (Exh.-4) to main
application and (Exh.-7) 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.
Applicant has suppressed material facts and not come to court with clean
hands and she is not entitled for relief as claimed. On the other had
respondent No.1 subjected to cruelty i.e. abuses, harassment and ill-
treatment at the hands of applicant and her relative, her friends, her hire
hings, her Associates etc.
10. Father of respondent only agreed to do the reception and not
the marriage expenses equally as alleged. The door had always had latch
which can be locked for anyone who gets into the room and needs privacy.
They have habit that, even in urgency they have used to knock the door
first and then only enter into the room depending upon response from the
person who is in the room. It was put on marriage card that, no gifts are
allowed from any relatives or friends hence they never taunted applicant
about gifts as alleged.
11. At the first meeting respondent No.1 and his family members
made very clear about his habit and applicant and her family stated that,
even they indulge in similar situations especially in parties and other
functions. Till date respondent No.1 never misbehaved or caused any
ruckus after consuming alcohol. They never objected or force the applicant
to wake up at 06.00 a.m. or do any type of household chores. Respondents
never stopped the applicant to talk with any one she wants. Respondent
No.1 openly shared all of his friends and their wives mobile numbers with
her. Applicant used to go to meet her friends and have lunch with them
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though none of respondent ever stopped to her. In fact after returning
from such meetings applicant immediately started abusing respondents.
Applicant is part of all Whats App family group which she left on
22/07/2024 on her own.
12. Applicant never informed respondents whether she reached
safely at her parental hoe at Santacruz nor she called respondent on her
own. Applicant left in the month of April 2021 to August 2021 and in
2022 she went from August 2022 to Jan 2023 due to pregnancy. On
14/06/2024 she left on her own and till date she is at her parental home
at Santacruz.
13. In 2021 when father of respondent No.1 had surgery at that
time either applicant nor her family members ever even visited.
Conversely in 2023 when applicant’s father was admitted to hospital
respondent No.1 regularly at hospital with applicant. At that time other
respondents were taking care daughter Prisha. Respondent No.1 paid
EMI’s of mobile of applicant after three months of purchase for
Rs.75,000/- even he was facing financial issued in his business and request
to applicant to take mobile after sometime. At stay at Santacruz applicant
called respondent only to ask for money and to order various items.
14. To save marriage father of respondent No.1 has twice talked
with family member of applicant and made umpteen attempts for
reconciliation. Applicant and her family members always used to act aloof
and tried to avoid any closeness with respondents. Applicant daily talked
with her mother and no one stopped her to talk as alleged. Whenever
applicant used to be sick respondents have always accompanied with her
to their family Doctor. During pregnancy respondent always there for her
for routine checkups. Doctor suggested for normal delivery applicant
should be working little at home and keep her body active. Not only at
matrimonial home but also at parental home of applicant respondents
were taken care of her. Mother of applicant was not happy as it was girls
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child and they wanted boy. Applicant never adjusted at matrimonial home
as she desire to live in Santacruz. Every day respondent No.3 used to cook
food for every one.
15. On 11/02/2024 respondent visited Lonavala for their
marriage anniversary with his friends and book Villa for that purpose.
After one month in March 2024 they had again visited Lonavala for Holi
party and on both occasion daughter Prisha was with them. Respondent
take daughter Prisha for car ride with permission of applicant but
applicant applicant purposely going to police station and made complaint
and police officers called respondents. On 20/06/2024 brother of
applicant Dharmesh and mother Anita came to respondent’s home and
take all her belongings with them and given threats to them. Applicant
and her brother Dharmesh and Anita forcefully entered the matrimonial
and Dharmesh started to taking video and mother Anita with applicant
started yelling.
16. Applicant is working. All valuables, gold and silver ornaments
streedhan belongings and her educational certificates of her and the
daughter has been taken by applicant on 19/06/2024 and 20/06/2024. In
June 2022 they contacted her Paternal Aunt (Bua) and for persuading the
applicant to behave a polite and humble manner rather than insulting his
family members. The respondents were trying to figure out a way to move
out the country slowly and gradually in the hopes to give the daughter
Prisha a better lifestyle and education, hence he plan to visit Canada.
Applicant has huge amount and hold an active trading account in Crypto
Currencies link with email id riddhijoshi16@gmail.com.
17. 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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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 Protection
Order, as prayed? Affirmative.
3. Is applicant entitled for interim
maintenance order, as prayed? Partly Affirmative.
4. Is applicant entitled for monetary
relief, as prayed? Negative.
5. Is applicant entitled for
compensation, as prayed? Negative.
6. Is applicant entitled for cost of
application, as prayed? Negative.
7. What order? Application is
partly allowed.
REASONS
18. The applicant in support of her claim relied on the copies of
Assets and Liabilities, application for interim maintenance during
pendency of petition under section 125 of Criminal Procedure Code,
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Accounts Statements issued by Kotak Mahindra Bank, ICICI Bank, under
application (Exh.11).
19. Per contra, the respondents have filed on record his affidavit
of Assets and Liabilities (Exh.5). Further he filed on record, his Income
Tax Returns for last 3 years, Bank Statement issued by HDFC Bank, Ecourt
Status of AS Traders, Capital gains report, Portfolio Holding report, Profit
and loss report, Agreement of Oberoi Sky City, No Due certificate from
Axis Bank under (Exh.6).
20. I have heard elaborated arguments of Ld. Advocate Gupta for
applicant and Ld. Advocate Pillai for respondents.
As to point No.1 :-
21. In order to get interim relief under section 23 of the
Protection of Women from Domestic Violence Act, the applicant prima-
faciely 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
denied the relationship with applicant. Therefore, the relationship
between them is the domestic relationship.
22. 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.
23. It is admitted by both that they married with each other and
their marriage is arrange marriage that, the respondent married with
applicant. Therefore, prima-faciely it appears that, there are domestic
relations between applicant and respondent.
24. Now whether the applicant is subjected the domestic violence
or not, is issue before me. The respondents denied all the allegations made
by the applicant against them by saying that, no particulars of alleged
incident of domestic violence has been given. It appears that, the
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respondent is not maintaining applicant and daughter Prisha, which is also
amounts to the domestic violence.
25. Therefore, it appears that, the relations between them are
strained and inference can be drawn that, as the respondent is not
maintaining to applicant and daughter Prisha thus, she is emotionally
abused by the respondent which amounts to the domestic violence.
Moreover, applicant stated on affidavit that she has been subjected to
domestic violence and cruelty, both physical as well as mental by
respondent. It can be gather prima facie that, the applicant has been
subjected domestic violence. At this premature level can not be expected
concrete proof of domestic violence. Considering facts stated in Income
affidavit of respondent and applicant that they are living separate since
14/06/2024 itself prima facie shows strain relation between applicant and
respondent. Therefore, I hold that, applicant
prima-faciely proved that,
she has been subjected domestic violence at the hands of respondent.
Hence, I record my finding to the point No.1 as in the affirmative.
As to point No.2 :-
26. This issue is in respect of the protection order. The applicant
has sought relief restraining the respondents from committing the
domestic violence. Applicant stated that, she has extremely treated by
cruelty by the respondent’s family.
27. The applicant has not filed supporting document to her
contention but at this stage the facts stated on oath cannot be overlooked.
Respondents in their reply denied all this facts but truthfulness of the facts
can be find out only after trial. While answering to point No.1, I have
concluded that, applicant has been subjected the domestic violence at the
hands of respondents. The applicant is having apprehension in her mind
that, the respondents 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
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respondents from committing any domestic violence in future can be
passed. Hence, I record my finding to point No.2 as in the affirmative.
As to point No.3 :-
28. 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 respondents. According to the
applicant she has no sufficient source of income. The respondent
neglected and refused to maintain her though he has sufficient source of
income. Per contra, the respondent come with the case that, the applicant
is earning and having trading account in Crypto currencies and having
sufficient means of income. Therefore, applicant is not entitled to any
monetary relief.
29. Ld. Advocate for applicant submits that, the respondent is
earning more than Rs.1,
50,000/- p.m. The respondent lifestyle is
luxurious. But, the respondent has not providing any means of
maintenance, therefore, considering income and luxurious lifestyle of
respondent maintenance of I.25,000/- p.m. to applicant be granted.
30. Per contra Ld. Advocate for respondent submits that, the
applicant is earning woman and managing business of her father. Hence,
applicant is not entitled to any relief as sought.
31. I have gone through the affidavits of assets and liabilities filed
by the both parties and also gone through the affidavits submitted by
them.
32. 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 it shows that, the income
of respondent is more than that of the applicant. The income affidavit
(Exh.5) of respondent No.1 reflects that, his monthly income of
Rs.11,400/- p.m. The income affidavit filed by applicant (Exh.11) reflects
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that, monthly expenditure of
Rs.45,000/-. It become crystal clear that the
income of respondent is prima facie more than 10 times of applicant.
33. I have minutely gone through the judgments relied by the Ld.
Counsel for respondents.
1] Payal Sudeep Laad V/s. Sudeep Govind Laad and Ors.
Criminal Application No.186 of 2018 decided on 02/11/2018
2] Sebastiao Falcao V/s. Nicole Gonsalves, Criminal Writ
Petition No.26 of 2026 decided on 28/08/2023
I have minutely gone through above cited rulings. At this
moment of interim application the law laid down in above cited ruling is
not applicable to the case of respondents with due respect.
34. Considering basic needs of applicant and her income the
lifestyle of respondent I am of opinion that, she 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.4,000/-
p.m. to applicant is sufficient as a interim maintenance. Hence, I record
my finding to the point No.3 as in the partly affirmative.
As to point No.4, No.5 and No.6 :-
35. All these points pertaining to monetary relief for mental and
physical violence caused at the hands of respondents to applicant and her
parents, compensation for damages for the injuries including mental
torture and emotional distress caused by the acts of domestic violence at
the hands of respondents to applicant and her family members and cost of
application. These points will be decided at the final conclusion of main
application after evidence. Hence, I record my finding to the point No.4,
No.5, No.6 as in the negative and proceed to pass following order.
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ORDER
1 The application is partly allowed.
2 The respondent shall not cause any kind of domestic
violence to applicant till final decision of the proceeding.
3 The respondent No.1 shall pay Rs.4,000/- p.m. to
applicant, as a interim maintenance, since the date of
filing of the present application.
4 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 28/08/2026.
SRD.
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 28/08/2026.
Transcribed on :- 28/08/2026.
Checked on :- 28/08/2026.
Signed on :- 28/08/2026.
SRD
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