Interim Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: -- 1 -- C.C.NO.213/DV/2022
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
09TH COURT, BANDRA, MUMBAI
C.C.NO.213/DV/2022
Samita Akshay Patil …... Applicant
Vs.
Akshay Arun Patil & Others …... Respondents.
ORDER BELOW APPLICATION (EXH.02)
By this application, the applicant has prayed for the
interim maintenance of Rs.60,000/- per month for herself and daughter
Akshmi, compensation of Rs.1,00,000/- and Rs.25,000/- per month
towards rent under Section 19, 20, 23 of The Protection of Woman from
The Domestic Violence Act, 2005 ( for short 'Act').
2. It is contended that she is a wife of respondent No.1. They
got married on 28/11/2013. After three years of the marriage, she was
harassed by the respondent and the domestic violence of every kind was
caused to her. The respondent No.1 willfully neglected to maintain her
and daughter Akshmi. Respondent No.1 is in a good financial position
and is in to the business of interior designing. The applicant and her
daughter are financially dependent on him. Further, he has additional
source of rental income. On the contrary, the applicant has no place of
residence and further no source of income at all. Even in her pregnancy
and at the time of delivery, respondent No.1 did not attend her and not
provided medicines. Even on the naming ceremony of child they
created a scene and thereby harassed the applicant and her parents.
Other respondents also tortured the applicant mentally. There was
demand of amount by the respondent from the parents of the applicant.
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Since 2019, they are living at the mercy of her parent. Even the
responsibility of admission and school fees of daughter Akshmi is not
taken by respondent No.1.
3. Respondent No.1 being the Interior Designer earns
Rs.1,50,000/- per month to the additional income of Rs.15,000/- per
month out of his flat at Ram Mandir, Mumbai. Her father is a
pensioner and thus unable to maintain them. Hence,she claimed the
aforesaid reliefs.
4. The application has been resisted vide reply (Exh.06)
stating therein that all the allegations in the interim application as well
as the main petition are false and baseless. No prima facie proof of
domestic violence has been forwarded the unreasonable and
exaggerated demands are made. It was a love marriage within the
same community. She always used to take suspicion about the relation
with respondent No.3. She used to raise quarrels with the family
members. Even the entire expenses of the delivery were taken care of
by the respondents. The applicant was in employment and she is not
dependent on him. He is a small contractor of interior designing and
thus his monthly income is Rs.2,50,000/- per year only. No demand of
any amount was ever made by the respondent No.1 to her parents. As
regards the Flat at Ram Mandir, Mumbai it is a S.R.A. Project and the
said flat is standing in the name of his father. The said flat was
purchased by his late grandfather and thus there are in all four shares of
the siblings of his father in the said flat. She left the matrimonial home
voluntarily without any valid reason despite the fulfillment all the basic
needs and obligation by the respondent. The claim of interim
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maintenance is wholly unjustified and thus prayed for rejection.
5. Gone through the application and the reply. Referred the
documents filed by the applicant and the respondent. Heard Ld.
Advocate for the applicant and the respondent. Analyzed the written
notes of arguments filed on behalf of both the parties. I have further
gone through the affidavit of assets and liabilities. In this background,
following points arose for determination. The findings are recorded
against each of them for reasons to follow:
Sr.
No. POINTS FINDINGS
1. Whether the application prima facie
discloses that domestic violence is caused
by the respondents to the applicant ?
Yes.
2. Whether the applicant is entitled for
interim maintenance as prayed ?
Yes.
Rs.12,000/- per month to
the applicant and
Rs.8,000/- per month to
daughter Akshmi
3. Whether the applicant is entitled for
interim relief regarding alternate
accommodation or rent of Rs.25,000/- -?
Yes.
Rs.15,000/- per month
4. What order? Application is partly
allowed.
R E A S O N S
As to Point No.1 to 3 :-
6. Provision for grant of interim maintenance is provided
under Section 23 of the Act. It provides that, if the Magistrate is
satisfied with an application which prima facie discloses that the
respondent is committing or has committed an act of domestic violence
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Magistrate may pass such interim order as he deems just and proper.
The ingredients of Section 23 is that applicant should disclose prima
facie act of domestic violence by the respondent to the applicant. The
definition of 'domestic violence' is provided under Section 3 of the Act.
The ingredients of the Domestic Violence Act are ----
“ Any Act, omission or commission or conduct which constitutes
domestic violence are ---
(1) It harms or injures or endangers the health,
safety, life, limp or well-being, whether mental or
physical, of the aggrieved person or tends to do so
and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse.
(2) It harassed, harms, injures or endangers the
aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful
demand for any dowry or other property or valuable
security.
(3) It the effect of threatening the aggrieved
person or any person related to her by any conduct
mentioned in clause (a) or clause (b).
(4) It otherwise injures or causes harm, whether
physical or mental to the aggrieved person.
7. Expression “Economic abuse”--- Expression “ Economic
abuse” includes--
(1) Deprivation of all or any economic or financial
resources.
(2) Disposal of household effects.
(3) Prohibition or restriction to continued access to
resources or facilities.
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8. In view of Section 3 of the Act referred above the
pleadings of the parties are required to be considered. At the time of
deciding interim application, test of less than preponderance of
probability only is to be considered. It is sufficient at this interim stage
that, the application should disclose the prima facie act of domestic
violence.
9. The applicant has contended about domestic incidences
since beginning of the marriage till she separated from the respondents.
The applicant was harassed by the respondent due to his quarrelsome
nature and bad habits, and he insulted, abused, harassed mentally and
physically assaulted her. It is admitted that, the applicant and the
respondent are husband and wife. It is also admitted position that they
have a daughter Akshmi out of the said wedlock and she is a school
going child. As per the contention of the applicant, the respondent was
never duty-full husband and he did not care her and her child and never
provided any financial help to her during her stay in the matrimonial
house. She was abused, harassed sexually, threatened and assaulted at
the hands of the respondent. Further, she was dispossessed from her
matrimonial house by the respondent.
10. All these allegations are specifically denied by the
respondent by way of reply (Exh.06). I have given thorough
consideration to the arguments advanced by both the sides.
11. I am further taken to the ratio laid down in the case of Anju
Garg Vs. Deepak Kumar Garg reported in III (2022) DMC 406 (SC),
Pratibha Tyagi Vs. Kamlesh Devi,decided on 12.05.2022 by the Hon’ble
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Apex Court, Sopankumar Banarjee Vs. State of West Bengal reported in
III (2019) DMC 594 (SC)
12. All these allegations levelled by the applicant and the
defence taken by the respondents can be said to be proved conclusively
on the basis of evidence during the trial. Further, the allegations of the
relations of the respondent No.1 with respondent No.3 also needs the
trial.
13. Prima facie the allegations if, are taken into consideration,
those establish act of domestic violence as against the applicant. The
instances shown by the applicant can be very well covered in the
definition of domestic violence of different kinds. Their domestic
relationship and even the common shared household is not in dispute.
Then there is no reason to raise suspicion over the allegations at least
at prima facie or interim stage.
14. Further, as regards the financial condition though the
counter claims on the point of income are made by the respective
parties, at this stage I have to see the financial capability of the
applicant as compare to the respondent No.1. Though stated by
respondent No.1 that the applicant is a working professional and earns
handsome salary, the affidavit of assets and liability at Exh.09 will have
to be taken into consideration. No doubt her employment with HUDL
India Pvt. Ltd was earlier there but during the pendency of this
application, the termination letter with effect from 11/12/2024 is
placed on record. As such at present she has no job in her hand. The
said aspect cannot be ignored at all. Likewise, the assets and liabilities
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statement of respondent No.1( Exh.12) is also there on record which
shows certain entries in the bank accounts of respondent No.1. Further,
the income of Rs.20,000/- per month ( Rs.2,50,000/- per year) is
reiterated by respondent No.1 with further expenses on school fees,
tuition fees of the and allied expenses are mentioned. As such
respondent No.1 tried to point out flat. His income is of such a meager
nature which cannot be helpful to him to survive. On the contrary, he
once again emphasized of the income of the applicant of Rs.25,000/-
per month.
15. Having regard to all these aspects, the applicant being the
wife of the respondent No.1, it is the duty of the respondent to provide
financial and economical help. Section 3 of the Act provides 'economic
abuse'. Any deprivation from financial resources or parting with the
economic resources with the aggrieved person amounts to economic
abuse. It is the obligation and legal duty of the respondent to provide
maintenance and economic resources to the applicant to meet her day
to day expenses and other livelihood. The nature of work of respondent
No.1 is of such a nature that one cannot find the bank transfer entries in
respect of the work done by him. In most of the job of such a nature,
the cash transaction by the clients/parties are preferred. Even, the
payments, expenses are also done with the help of cash in hand and
without any formal entries of transfer. The respondent has not filed on
record to show that the applicant is not deprived from economic
resources which the respondent is bound to share with the applicant. I
further make a note that the applicant has clearly pointed out her status
as a jobless on account of her termination for HUDL. Further, she has to
maintain daughter Akshmi and to take care of her educational, medical
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expenses etc.. Hence, certainly for that purpose some amount is
required for the applicant. Had it been a case that they wree staying
together, was not responsibility of respondent No.1 to maintain them?.
Certainly, it is the responsibility of respondent No.1. Hence, respondent
No.1 cannot flee away from his responsibility only on the reason of the
discord and subsequent separation from the applicant.
16. In the light of this discussion and considering the above
discussed needs of the applicant and her daughter, the interim
maintenance of Rs.12,000/- per month to the applicant and Rs.8,000/-
per month to daughter Akshmi will be just and proper. Further, the
applicant is residing at the mercy of her parents. Hence, Rs.15,000/- per
month towards the alternate rental accommodation for her and
daughter Akshmi would be justified. For these reasons finding to Point
No.1 to 3 are recorded in the affirmative.
As to Point No.4:-
17. In the light of abovesaid discussion, I am of the opinion
that the application will have to be allowed accordingly. Hence, the
order.
O R D E R
1. The application is partly allowed.
2. The respondent No.1 is directed to pay interim
maintenance of Rs.12,000/-(Rupees Twelve Thousand only) per month
to the applicant and Rs.8,000/-(Rupees Eight Thousand only) per
month to the daughter Akshmi from the date of application till decision
of main application.
3. Respondent No.1 is directed to pay monthly rent of
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Rs.15,000/- per month for securing the alternate rented
accommodation for the applicant and daughter Akshmi.
4. The copy of the order be given to both the parties free of
cost and the compliance be made under Section 24 of the Act.
5. Dictated and pronounced in the open Court.
Sd/-
( A.K.Awari )
Addl. Chief Metropolitan Magistrate,
Date :- 06.05.2025 9th Court, Bandra, Mumbai
vnh
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