Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 175 DV 2022 Afreen Vs Mohd. Sharif and ors.
CNR-MHMM18-009303-2022
ORDER BELOW EXH.1
1. Perused record. Heard both sides. This is an application under
Section 23 of Protection of Women from Domestic Violence Act, 2005,
hereinafter referred as D.V. Act.
2. As per applicant, her marriage was solemnized with the
Respondent No.1, Mr. Mohd. Sharif Shaukat Mhaiskar, hereinafter
referred as main respondent, on 10.10.2017, at Ashok Mill House. The
other respondents are her in-laws. Various valuable and other household
articles were given to respondents during her marriage. After marriage
applicant had been to the house of respondents. There they demanded
dowry and started causing her mental and physical cruelty. She became
pregnant despite that they were not providing food to the applicant and
compelling her to do household work. They were teasing her and
harassing for dowry on the say of other respondents main respondent was
assaulting and abusing applicant. On 19.10.2019, the applicant gave birth
to female child, named as Ahira. Respondents taken care none of them.
Several miscarriages occurred. Respondents taken away applicant’s
stridhan and compelled her to leave matrimonial house. Applicant
approached police, but no purpose served. Applicant has neither any
source of income nor any accommodation except parental house. Her
daughter is now studying and there are also school expenses to be born by
her. She is at the mercy of her parents. The respondent is earning
Rs.60,000/- per month and other income from rented houses. Therefore,
she filed main application and present application for interim reliefs in it.
3. The respondents vide their say Exh.9, denied all the adverse
allegations. They admitted the relationship with applicant and her
daughter. They contended that they had not caused any of the acts of
domestic violence as alleged. They admitted the retention of ornaments
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C. C. No. 175 DV 2022 Afreen Vs Mohd. Sharif and ors.
CNR-MHMM18-009303-2022
by them. The applicant is adamant and left matrimonial house without
any justifiable reasons. Main respondent earns meager income and rent is
received by other respondents. There is delay in filing of the application.
Therefore, application shall be rejected.
4. Considering adverse pleadings, 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 ? ....In the affirmative.
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ....In the affirmative.
3. What order ? ….Appli. is partly allowed.
R E A S O N S
5. As stated above, both the parties filed their respective pleadings
which are supported by affidavits. The relationship as well as the fact that
applicant and her daughter are residing separately since long and
respondents made no arrangement for their livelihood, are also admitted.
The conduct of the respondent from whole record also reflects the fact
that respondents taking no care of the day to day requirements of the
applicant and her daughter.
6. Against it, respondents except bare denials by way of their say and
affidavit raised no concrete defence. Further, as stated above they had not
denied the fact of marriage and separation without any arrangement of
means of livelihood. In such a situation it can be inferred that the
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C. C. No. 175 DV 2022 Afreen Vs Mohd. Sharif and ors.
CNR-MHMM18-009303-2022
respondents committed various acts of domestic violence against the
applicant, including physical, emotional and economic violence. Hence, I
recorded my findings on Point Nos.1 and 2, in the affirmative.
7. So far as reliefs are concerned the applicant pleaded that she has no
means of income. In her affidavit for declaration of Assets and Liabilities,
she maintained this fact. Respondents also not disputed it. Therefore, it
can be said that applicant has no source of income. However, respondent
admitted the fact of his earning income through other means and rent. The
main respondent is able-bodied person. He is bound to maintain applicant
and her daughter. Therefore, reliefs needs to be granted to the applicant.
8. The applicant prayed for interim relief of protection order,
residence, maintenance, compensation and expenses. Admittedly
applicant is not residing with the respondents since long. There are no
allegations of any harassment during this long span of separation. In such
a situation there seems no need of protection order. The residence order in
the form of residence allowance and maintenance needs to be granted.
Considering the facts pleaded by both the parties pertaining to income of
main respondent and material came on record in support of it I am of the
opinion that following order will serve the cause of justice, -
ORDER
a. The application is partly allowed.
b. The main respondent Mr. Mohd. Sharif Shaukat Mhaiskar, is
herewith directed to pay Rs.5,000/- (Rupees Five Thousand Only) per
month to the applicant, Mrs. Afrinbano Sharif Mhaiskar, and Rs.2,000/-
(Rupees Two Thousand Only) per month to their daughter Miss Ahira,
from the date of filing of application till the decision of the main
application.
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C. C. No. 175 DV 2022 Afreen Vs Mohd. Sharif and ors.
CNR-MHMM18-009303-2022
c. The respondent, Mr. Mohd. Sharif Shaukat Mhaiskar, is also
directed to pay Rs.3,000/- (Rupees Three Thousand only) towards house
rent from the date of application till the decision of main application.
d. The prayer for other interim reliefs is rejected.
e. The copy of this order shall be given free of costs to both the
parties.
f. If respondent Mr. Mohd. Sharif Shaukat Mhaiskar, failed to
comply the order the applicant is directed to file separate application
bearing separate number for recovery of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 27.11.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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