Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 176 DV 2022 Farheen Vs Naved and ors.
CNR No.MHMM18-009305-2022
ORDER BELOW EXH.8
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. The applicant approached this court as per Section 12 of D.V. Act,
and in the said main application filed present application for various
interim reliefs.
3. It is the case of the applicant that her marriage with Respondent
No.1, Mr. Naved Shahabuddin Ansari, hereinafter referred as main
respondent, was solemnized on 31.10.2019, at Bhiwandi, Thane. It is his
second marriage. The marriage expenses were born by parents of the
applicant and various articles and ornaments were also given towards
consideration of this marriage.
4. During marriage respondents were unhappy. Cohabitation resumed
and after joining company of the respondents, they also were unhappy.
All the respondents started harassing applicant for one reason or another.
They demanded dowry, they also caused verbal and emotional abuse.
Respondents also caused physical and sexual abuse to the applicant.
Several times certain demands were complied by the applicant’s parents,
but as other demands not complied the domestic violence increased,
therefore, applicant approached police and lodged report for offences
punishable under Section 498-A of Indian Penal Code. The applicant has
no means of income. The main respondent is running garment factory and
also doing other allied businesses, but not made any arrangement for
earning livelihood. Therefore, she also approached this court and sought
various reliefs, including interim reliefs of maintenance, injunction,
protection order, compensation, residence, by way of this application.
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C. C. No. 176 DV 2022 Farheen Vs Naved and ors.
CNR No.MHMM18-009305-2022
5. The respondents denied all the adverse allegations and contended
that those are false and misleading. The summary of their defence is that
they never caused any domestic violence. Applicant herself is adamant
and left matrimonial house without any reasonable cause. She repeatedly
insulted main respondent and his other family members saying him
impotent. When he approached Family Court for restitution of conjugal
rights applicant filed this false and misleading application. Therefore,
application shall be rejected.
6. Considering adverse pleadings and 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
7. In support of their respective pleadings, both the parties filed their
affidavits. In addition to it applicant filed certain documents particularly
various complaints/applications to police and other authorities, the
photographs and copies of chats on social media, etc. It is also came on
record that the applicant filed prosecution against all the respondents for
various offences, including offence punishable under Section 498-A of
Indian Penal Code. Against it the respondents except bare denials of the
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C. C. No. 176 DV 2022 Farheen Vs Naved and ors.
CNR No.MHMM18-009305-2022
allegations did nothing. As such the facts pleaded by applicant inspires
confidence. The relationship as well as the fact that applicant is residing
separately since long with her parents and respondents made no
arrangement for her livelihood, is also admitted.
8. Whole record also reflects the fact that respondents taking no care
of the day to day requirements of the applicant. It can be inferred from
this conduct of the respondent that they had caused various acts of
domestic violence against the applicant, including economic violence. As
stated above the allegations, pertaining to all these acts of domestic
violence are supported by affidavit and are thus corroborated by
documentary evidence. Against it, respondents except bare denials by
way of their say and affidavit raised no concrete defence. As such balance
tilts in favour of the applicant, with leads inference that she succeeded in
making out prima facie case of domestic violence against respondents.
Therefore, I recorded my findings on Point Nos.1, in the affirmative and
consequently Point No.2, as well, in the affirmative.
9. So far as reliefs are concerned the applicant pleaded that she has no
means of income. The respondents denied the said fact and contended that
she is doing various activities and can earn her own livelihood. However,
either in affidavits filed by both the parties or any other material produced
nothing such fact found which will justify this defence. The respondent
though denied his means of income as pleaded by applicant, admitted that
he is earning from other sources. Further, he is able-bodied and there
found nothing which will entitle him to get absolved from the liability.
Therefore, he bound to pay the maintenance and bear burden for other
liabilities.
10. In addition to maintenance, the applicant claimed protection order
and various other reliefs. Admittedly, now she is not residing with the
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C. C. No. 176 DV 2022 Farheen Vs Naved and ors.
CNR No.MHMM18-009305-2022
respondents. There seems no urgent necessity of order of injunction and
protection. However, maintenance and residence allowance, rather than
residence order in any other form, will serve the justice. Considering the
facts pleaded 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. Naved Shahabuddin Ansari, is herewith
directed to pay Rs.5,000/- (Rupees Five Thousand Only) per month to the
applicant Mrs. Farheen Naved Ansari, from the date of filing of
application till the disposal of main application.
c. The main respondent Mr. Naved Shahabuddin Ansari, is herewith
directed to pay an amount of Rs.2,000/- (Rupees Two Thousand only)
towards house rent from the month of June 2024, in addition to interim
maintenance granted above.
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. Naved Shahabuddin Ansari, failed to comply the
order the applicant is directed to file separate application bearing separate
number for recovery of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 25.06.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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