Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 197 DV 2022 Zeba Vs Shahnawaz and ors.
CNR-MHMM18-011692-2022
ORDER BELOW EXH.5
1. Perused record and written notes of arguments. 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 contending that the
Respondent No.1, Mr. Shahnawaz Mohd. Raees Shaikh, who is
hereinafter referred as main respondent, is her husband with whom her
marriage was solemnized on 13.05.2022. Other respondents are her in-
laws. It is contended that all the marriage expenses were born by her
parents. After marriage she had been to the house of respondents where
they caused various acts of domestic violence as narrated in the present
application. She has no means of income and place to reside, therefore,
she filed main application and present application in it wherein she
claimed maintenance, residence allowance, return of stridhan, etc.
3. The respondents vide their say, Exh.11, denied all the adverse
allegations. They admitted the relationship with applicant and contended
that all the allegations are false. No such incidences as narrated occurred.
The applicant left matrimonial house without any valid reason, therefore,
application shall be rejected.
4. Considering adverse pleadings, written and oral 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.
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C. C. No. 197 DV 2022 Zeba Vs Shahnawaz and ors.
CNR-MHMM18-011692-2022
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ....In the affirmative.
3. What order ? ….Application is partly
allowed.
R E A S O N S
5. Both the parties in support of their respective pleadings filed
affidavits. They had filed on record several documents. After going
through those pleadings and documents it is noticed that besides medical
and other papers the applicant filed on record copy of the report filed
under Section 498-A, etc. of Indian Penal Code and other documents. As
stated above the relationship and the fact that applicant is residing
separately and respondent has made no arrangement for earning
livelihood, is also admitted. All these aspects if considered it can be said
that there is enough material on record to draw the inference of various
kinds of domestic violence, including economic violence, against
respondents. Against it, respondents except bare denials by way of their
say and affidavit raised no concrete defence. As such it can be inferred
that the respondents committed various acts of domestic violence against
the applicant, including emotional and economic violence. Therefore, I
recorded my findings on Point Nos.1 and 2, in the affirmative.
6. So far as reliefs are concerned the applicant pleaded that she has no
means of income. The respondents had not disputed this fact seriously.
The respondent vide his affidavit of Assets and Liabilities admitted that
he is software scientist and earning good income. It is submitted that the
respondent now lost his job and doing nothing. He is also having several
other liabilities. He is able-bodied person and bound to maintain the
applicant. Even if this submission presumed to be true, respondent can
not be absolved of his liability to provide maintenance and shelter to the
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C. C. No. 197 DV 2022 Zeba Vs Shahnawaz and ors.
CNR-MHMM18-011692-2022
applicant. The applicant claimed interim maintenance, protection order
and various other interim reliefs. After going through the record it is
noticed that the reliefs at this juncture in the form of interim reliefs can be
granted is of maintenance and residence allowance only. 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 respondent Mr. Shahnawaz Mohd. Raees Shaikh, is herewith
directed to pay Rs.6,000/- (Rupees Six Thousand Only) per month to the
applicant, Mrs. Zeba Shahnawaz Shaikh, from the date of filing of
application till it’s final disposal.
c. The respondent, Mr. Shahnawaz Mohd. Raees Shaikh, is also
directed to pay Rs.4,000/- (Rupees Four Thousands only) towards house
rent.
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 and if Respondent failed to comply the order the applicant is
directed to file separate application bearing separate number for recovery
of arrears.
MUMBAI (KOMALSING RAJPUT)
DATE – 16.12.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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