Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No.MHMM18-009981-2024 C. C. NO. 120/DV/2024
Ayesha Ashfaq Sayyed @ Mamta
Mangesh Dhuri V/s. Ashfaq Jamal
Sayyad & Ors.
ORDER BELOW INTERIM APPLICATION (Exh.-2)
The applicant Ayesha Ashfaq Sayyed has filed the present
application under sections 17, 18, 19 and 20 and of the Protection of The
Woman from the Domestic Violence Act, 2005 (here-in-after referred as,
'the PWDV Act'), wherein she prayed for monthly rent of Rs.15,000/- and
deposit of Rs. 50,000/- for residence in Santacruz -E, Mumbai, interim
maintenance of Rs.15,000/- p.m. for her personal and medical expenses
with an increase of 5 % annually.
2. According to applicant, her marriage with respondent No.1
was solemnized before Registrar of Marriages on 12/11/2021. Respondent
No.2 is her brother-in-law, respondent No.3 is her sister-in-law. After
marriage applicant has gone to respondent’s house for cohabitation and
there all respondents living together. After 6 months of marriage all
respondents shown their true colour and started to harass applicant
mentally and physically. Respondents forcing her to wear Burkha and
learn as to how Namaz is offered to Allah. They forced applicant not to
speak in Marathi and stop worshiping her god. Respondents forced
applicant to do all household work. Respondent No.1 made false
accusation about applicant that she was having multiple affairs with boys
living in their vicinity. Respondent No.1 beat applicant in front of all
family members.
3. Respondent No.2 and 3 told to respondent No.1 they could
not live with Kafir/ applicant under one roof hence, respondent No.1
living separately on rental basis. Thereafter, applicant came to know that
respondents have pre-planned to remove the applicant from her
matrimonial. Respondent No.1 for refunding loan started threatening
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C. C. NO. 120/DV/2024 ~2~ ORDER BELOW APPLICATION (Exh-2)
applicant to bring Rs.10,000/- p.m. from her mother or be ready to face
the consequences. Hence mother of applicant taken respondent No.1 to
known person who had paid Rs.10,000/- to him as a friendly loan and
told him to refund in 10 installments. Respondent No.1 failed to refund
the said installment and threatened the applicant if shw wanted to live
with him she should ask her mother to pay those installments.
4. Respondents want to earn an amount of Rs.5,00,000/- with
applicant’s consent and support through surrogacy process. But applicant
refused for that. Thereafter respondent No.1 told applicant about another
way fo earning by her support and consent, where applicant will have to
give away her Ovum to the hospital and they would got around
Rs.50,000/- applicant is ready for that procedure for repayment of loan
amount. After respondent No.1 refused to repay the said amount to her.
Respondent No.1 told applicant has to indulge in sexual activity with his
friends and they would pay handsomely to her. Hence, applicant want to
leave home but respondent No.1 stopped her and hear with fist and blows.
5. In November 2023 applicant had gone to Aurangabad there
she got work for with the help of her friend. In December 2023
respondent No.1 came to Aurangabad and assaulted applicant and
forcefully brought her back to Mumbai. Applicant with fear refused to go
with respondent’s house and approached to policeman. The policeman
threatened respondent No.1 about legal action would be taken against
him if he obstructed applicant, therefore respondent No.1 left house alone
and applicant had gone to her mother’s house to stay.
6. In January 2024 respondent No.1 visited to applicant mother’s
house and begged her to come back and live with him at Nalasopara. He
also assured applicant and her mother that he would never harassed the
applicant and take care of her and behave responsibly towards her. So
applicant went with respondent No.1 to cohabit at Nalasopara.
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Respondent No.1 forcefully stopped the applicant from completing her
nursing course and confined her in his house.
7. After two months again respondent No.1 started harassing to
applicant for bringing money from her mother. Applicant told to
respondent No.1 about her inability to bring money, as she had no source
of income. Respondent No.1 got furious and assaulted applicant which
caused injury to her, hence she had admitted in V. N. Desai Hospital.
Thereafter, applicant started living at her mother’s house. Respondent
No.1 on 09/01/2024 abused and threatened applicant and her family
through telephone for dire consequences. Hence, applicant registered N.C.
report No.82/2024 with Vakola Police Station. Thereafter, on
07/02/2024, respondent No.1 abused and assaulted applicant on road. He
also threatened her to kill. Hence, again applicant lodged N.C. report
No.369/2024 with Vakola Police Station.
8. On 22/03/2024 again respondent No.1 came to house of
applicant and abused her and her family members and trashed her in front
of her family members. Applicant approached to police station there also
respondent No.1 threatened applicant and her family members before
police officers that he would kill her if she refused to cohabit with him.
Hence, applicant registered N.C. report No.761/2024 on 22/03/2024. On
01/04/2024 respondent No.1 again threatened applicant hence, applicant
registered F.I.R. No.351/2024 for the offence punishable under section
498 (A) of The Indian Penal Code.
9. Streedhan, valuable articles, marriage certificate, Mobile
phone, educational documents, other documents of applicant are in the
custody of the respondent No.1, which he had refused to handover to her.
Hence applicant constrained to file this application. Lastly applicant
seeking relief for monthly rent of Rs.15,000/- and deposit of Rs. 50,000/-
for residence in Santacruz -E, Mumbai, interim maintenance of
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C. C. NO. 120/DV/2024 ~4~ ORDER BELOW APPLICATION (Exh-2)
Rs.15,000/- p.m. for her personal and medical expenses with an increase
of 5 % annually.
10. The respondent despite of service of notice failed to appear.
Therefore, the proceeding is proceeded exparte against him, as per order
passed below (Exh.1) dated 12/03/2026.
11. Considering the relief sought by applicant following points are
arise for my determination which are as follows.
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 alternate
accommodation, as prayed? Negative.
4. What order? Application is
partly allowed.
REASONS
12. The applicant in support of her claim relied on the copies of
Affidavit of Assets and Liabilities (Exh.3), Statement of account issued by
Kotak Mahindra Bank, Extract of Marriage Registration Register, Medical
documents, N.C. Reports dated 09/01/2024, 07/02/2024, 22/03/2024,
F.I.R. No.351/2024 dated 01/04/2024.
13. Per contra, the respondents failed to filed on record his
Affidavit of Assets and Liabilities.
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14. I have heard elaborated arguments of Ld. Advocate for
applicant.
As to point No.1 :-
15. 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
denied the relationship with applicant. Therefore, the relationship
between them is the domestic relationship.
16. According to applicant soon after marriage she started to
reside with her husband along with her brother-in-law and sister-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 respondents. Therefore,
prima-facie it appears that, there are domestic relations between applicant
and respondent No.1.
17. Now whether the applicant is subjected the domestic violence
or not, is issue before me. The respondents have not denied all the
allegations made by the applicant against them by filing their reply. It
appears that, the respondent is not maintaining applicant, 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 N0.1 is not
maintaining to applicant thus, she is emotionally abused by the
respondents, which also amounts to the domestic violence. The copy of
N.C. Reports dated 09/01/2024, 07/02/2024, 22/03/2024, F.I.R.
No.351/2024 dated 01/04/2024 shows that, the respondent No.1 abused,
assaulted the applicant and also threatened her. It shows that, the
applicant is subjected the domestic violence at the hands of respondent
No.1. Further, the allegation has not been challenged by respondents
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therefore, there is no reason to disbelieve the version of applicant. Hence,
I hold that, applicant has proved prima-facie that, she has been subjected
the domestic violence both physical as well as mental at the hands of
respondent. At this premature level concrete proof of domestic violence
can not be expected. Considering facts stated in application of applicant
and say of respondent No.1 that they are living separate since 24/03/2024
itself prima-facie shows strain relation between applicant and respondent
No.1. Hence, I record my findings to point No.1 as in the affirmative.
As to point No.2 :-
19. 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 is not working and also not have sufficient source of income.
The respondent No.1 neglected and refused to maintain her though he has
sufficient source of income.
20. Per contra, the respondent No.1 come with the case that,
financially applicant’s parents are well and applicant is living at her
parent’s house with pleasure happily. Therefore, applicant is not entitled
to any monetary relief.
21. Ld. Advocate for applicant submits that, the respondent No.1
is driver and earning Rs.35,000/- p.m. But, the respondent No.1 has not
providing any means of maintenance, therefore, considering income and
lifestyle of respondent No.1 maintenance of Rs.15,000/- p.m. to applicant
be granted.
22. I have gone through the Affidavit of Assets and Liabilities filed
by the applicant.
23. 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. It is to be noted that, respondent No.1 has not
filed his Affidavit of Assets and Liabilities. The Affidavit of Assets and
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Liabilities of applicant (Exh.3) reflects that, respondent No.1 is driver and
earning Rs.35,000/- p.m. The respondent is young age of 31 years old. He
is able bodied person and earning for his livelihood. Respondent No.1 is
also not having any responsibility for his brother and sister.
24. Therefore, it appears that, the respondent No.1 is having
source of income from his job. The applicant is wife of the respondent
No.1. Being husband of applicant the respondent No.1 is under the
obligation to maintain applicant. But it reveals that, the respondent No.1
is not providing any means of maintenance to applicant. 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.3,200/-
p.m. to applicant 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 :-
25. This point is in respect of alternate accommodation sought
against respondent No.1 by applicant. The applicant has sought relief of
rent in lieu of alternate accommodation and deposit for securing
residential premises in Santacruz,(E), Mumbai. It is to be noted that, now
the applicant used to reside at the address given in the application at her
parental home. Therefore, at this stage it cannot be said that, she is totally
shelterless. Hence, no order in respect of residence can be passed in favour
of applicant. Considering all above aspects, I record my answer 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.3,200/- p.m. to
applicant, as a interim maintenance, since the date of
filing of the present application.
3 Other reliefs are rejected at the interim stage except
granted.
4 Copy of this order be given free of cost to both the parties.
Mumbai.
Date : 10/09/2026.
SRD.
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 10/09/2026.
Transcribed on :- 10/09/2026.
Checked on :- 10/09/2026.
Signed on :- 10/09/2026.
SRD
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