Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. NO. 274/DV/2019
Shaheen V/s. Tanveer and others.
ORDER BELOW EXH.2
The applicant has filed application under section 12 of the
Protection of Woman from Domestic Violence Act, 2005 (in short D. V.
Act), wherein the present application under section 23 for interim relief is
filed by the applicant against the respondent for protection order and for
maintenance and for amount of rent for alternate accommodation.
According to applicant, she is legally wedded wife of respondent No.1 and
their marriage has taken place on 05/02/2014. They have one child by
name Ahad, which is in the custody of applicant. It is contended that, she
has been subjected domestic violence at the hands of respondents. The
respondent caused domestic violence in the nature of emotional abuse,
sexual abuse and economic abuse to applicant.
2. It is contended that, since 11/11/2018 applicant forced to
reside with her parents. She has no source of income. The respondent No.1
is a driver and having smart income of R.40,000/ p.m. It is apprehension
in the mind of applicant that, respondents or anybody claiming under them
will cause physical harm to her, therefore, she sought relief of protection
order against respondents. Further, the applicant sought relief of interim
maintenance for herself and for child Ahad to the tune of R.20,000/ each
p.m. The applicant also sought relief that, the respondent No.1 be directed
to pay R.10,000/ for alternate accommodation. Lastly, it is prayed that,
application be allowed, as prayed.
3. The respondent No.1 has resisted the application by filing his
say at Exh.6 and denied all the contention of applicant in toto. The
respondent denied that, he and his family members have caused any kind
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C. C. NO. 274/DV/2019 ORDER BELOW EXH.2
of domestic violence to applicant. It is contended that, the respondent No.1
is auto rickshaw driver and he is earning only R.250/ to R.300/ per day.
He is also having responsibility of his old parents. The applicant has filed
application only with intention to extract money from him. The applicant
has lodged the false complaint against the respondent with police. It is
contended that, the applicant being wrongdoer, therefore, she is not
entitled for relief, as sought. The applicant without sufficient reason left
the house of the respondent and residing with her parents. Lastly, the
respondent prayed that, application be rejected.
4. The respondent No.2 to No.6 have not filed their say,
therefore, the proceeding is proceeded without their say.
5. The applicant and the respondent have filed their respective
affidavits relating to their assets and liabilities at Exh.7 and 7A. The
applicant has filed on record copies of Aadhar Card, Nikhanama, Birth
Certificate of Ahad, N. C., FIR, etc. The respondent No.1 also has filed on
record copies of medical documents relating to illness of his father and
mother, auto rickshaw batch and permit, alongwith list Exh.8.
6. I have heard elaborated arguments of Ld. Advocate Smt. Gupta
for applicant and Ld. Advocate Shri R. R. Desai for respondent No.1.
7. In order to get relief under section 23 of the Domestic Violence
Act the applicant has to prove primafacie ly that, she has been subjected
domestic violence at the hands of respondents.
8. It is admitted fact that, the applicant is legally wedded wife of
respondent No.1 and they have one child by name Ahad from said
wedlock. Further, at present the applicant alongwith child Ahad used to
reside at her parental home.
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C. C. NO. 274/DV/2019 ORDER BELOW EXH.2
9. Now the pleadings of applicant are concerned it is pleaded
that, she has been verbally abused by respondents. It is contended that, the
respondent No.1 used to beat her and respondent No.6 Irfan Abdul Sattar
Shaikh, who is real brother of respondent No.1, caused her sexual
violence. It is to be noted that, in say filed by the respondent No.1 there is
no specific denial in respect of alleged sexual violence to applicant by
respondent No.6 Irfan Abdul Sattar Shaikh. Further, the copy of F.I.R.
shows that, the respondent No.6 Iran with intend to outrage modesty of
applicant used criminal force.
10. The said F.I.R. had been lodged by the applicant in police
station Bajarpeth, at Thane. The copy of Non Cognizable offence also
shows that, the applicant has reported to police that, the harassment
sustained by her at the hands of respondents. Surprising to note here that,
the respondent No.1 has not pleaded anything in support of his defence
regarding the incident in respect of which the applicant has filed F.I.R. and
N.C. Therefore, I hold that primafacie ly applicant has been subjected
domestic violence at the hands of respondents.
11. So far as, the relief sought by the applicant are concerned it is
apprehension in the mind of applicant that, she has been sexually abused
by the respondent No.6 Irfan and in future the respondent No.6 will again
cause such type of violence to the applicant. Further, it is apprehension in
the mind of applicant that, respondents will cause verbally and emotionally
abuses, which are domestic violence to her. The F.I.R. and the N.C. reports
supports to the version of the applicant. Therefore, in order to prevent
further domestic violence, I am of opinion that, interim order to that effect
can be passed in favour of applicant.
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C. C. NO. 274/DV/2019 ORDER BELOW EXH.2
12. So far as, the maintenance is concerned, it reveals from record
that, since 2018 the applicant and her child Ahad used to reside with her
parents. The applicant has no income source. The said fact is substantiated
from the affidavit of assets and liabilities filed by both the parties on
record. Now the applicant has no income source and also she is having
responsibility of growing child Ahad. It is transpired from the affidavit of
the respondent which is at Exh.7A that, during the stay of applicant with
parents he has not paid any means of maintenance to applicant and his
son. Being husband and father it is responsibility of the respondent No.1 to
maintain them. But, the respondent No.1 failed to do so. The applicant is
unable to maintain herself and her son.
13. Per contra, the respondent No.1 is auto rickshaw driver and
according to the applicant he is getting smart income of R.40,000/ p.m.
But the respondent No.1 contended that, he is getting only earning
R.250/ to R.300/ per day by running the rickshaw.
14. Admittedly, there are no documents filed by either party in
order to show the actual income of the respondent No.1. However,
considering the basic needs of applicant and considering the fact that, child
Ahad is growing child sufficient means of maintenance are required to be
provided by the respondent No.1 to them. Much more time is required for
final decision of the petition, in such circumstances applicant and son Ahad
is entitled to interim maintenance from respondent No.1.
15. Therefore, considering the basic needs of applicant and hiking
price of essential commodities and considering the income of respondent
No.1 I am of opinion that amount of R.4,000/ p.m. to applicant and
amount of R.2,000/ p.m. to son Ahad is sufficient for their maintenance.
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C. C. NO. 274/DV/2019 ORDER BELOW EXH.2
16. So far as, the amount of R.10,000/ claimed in respect of
alternate accommodation is concerned at present the applicant and her son
used to reside with parent of applicant. There is no record to hold that,
applicant has taken separate premises for their residence. In such
circumstances, at present the applicant is not entitled to get any amount in
respect of alternate accommodation. Considering all above aspects, I
proceed to pass following order.
ORDER
1 The application is partly allowed.
2 All respondents shall not cause any kind of domestic
violence to applicant and her son Ahad.
3 The respondent No.1 shall pay R.4,000/ p.m. to the
applicant and R.2,000/ p.m. to child Ahad, as interim
maintenance from date of filing of present application.
4 Copy of order be given free of cost to both the parties.
Mumbai.
Date : 10/08/2023.
SRD.
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on : 10/08/2023.
Transcribed on : 10/08/2023.
Checked on : 17/08/2023.
Signed on : 17/08/2023.
SRD
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