Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: C. C. No. 212 DV 2022 Heena Vs Nawaz and ors.
CNR MHMM18-013631-2022
ORDER BELOW APPLICATION FOR INTERIM RELIEFS, 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 mainly approached this court under Section 12 of the
D.V. Act and filed the said main application for various reliefs alleging
domestic violence against Mr. Nawaz Mohammad Zakir Shaikh,
hereinafter referred as main respondent, her husband and other
respondents her in-laws. The summary of these allegations is that her
marriage with main respondent was solemnized on 27.04.2018, at Bandra,
Mumbai. A son Master Hussain Nawaz Shaikh, born out of said marriage.
All the marriage expenses were borne by applicant’s father.
Various valuables were also handed over to the respondents in the said
marriage.
The applicant is graduated in Electronics Engineering and
respondent graduated in Management. Respondent works with a private
company. Respondent assured her of good married life. However, after
marriage all the respondents caused various acts of domestic violence as
narrated in the main application, which runs into 110+ pages and
describes all the alleged acts. Respondents caused physical and mental
violence to the applicant. Respondents assaulted, insulted, abused and
repeatedly teased her. Their conduct forced her to leave matrimonial
house.
The main respondent earns good income. The applicant is also
serving with a company and earning salary. However, it is not enough to
earn livelihood of herself and her child, therefore, she sought various
reliefs in the main application and same reliefs in interim form, i.e.
interim protection order, residence order and monitory relief.
Page - 1/4
-- 1 of 4 --
C. C. No. 212 DV 2022 Heena Vs Nawaz and ors.
CNR MHMM18-013631-2022
3. The respondents denied all the adverse allegations vide their say,
Exh.12. In this long reply running into 74 pages they denied all the
adverse allegations and contended that applicant herself caused
harassment to them. All the allegations are false. They had not committed
any domestic violence. Applicant left matrimonial house on her own
without any justifiable cause. She is employed and earning salary. She is
not in need of any maintenance or any other order in the form of interim
relief. 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.
2. Whether applicant is entitled for the relief of interim
maintenance as prayed for ? ....Partly affirmative.
3. What order ? ….Appli. is partly allowed.
R E A S O N S
5. As stated above, both the parties filed their respective pleadings
which are supported by affidavits. Both the parties also relied on various
documents. Thus, there is oath against oath. If we go through the record
the fact of marriage i.e. relationship, separation and non-payment of
maintenance or any other amount is almost admitted. If these admitted
facts taken into account with the material produced, particularly
documents produced with the main application i.e. First Information
Page - 2/4
-- 2 of 4 --
C. C. No. 212 DV 2022 Heena Vs Nawaz and ors.
CNR MHMM18-013631-2022
Report, photographs, medical record, chat details amongst both the
parties, etc., those documents supports the version of the applicant and
tilts balance in her favour. The defence taken and the material produced
by the respondents in support of it, does not inspire confidence. It can be
inferred that respondents caused various acts of domestic violence against
the applicant, due to which she compelled to leave shared household.
Accordingly, I recorded my findings on Point No.1, in the affirmative.
6. So far as reliefs are concerned the applicant mainly sought the
maintenance and residence for herself and her son. It is not in dispute that
applicant is doing job and able to earn her livelihood. The Assets and
Liabilities affidavits filed by both the parties also reflects same thing,
though there is dispute about the incomes, which both the parties are
earning. Thus, it can be inferred that maintenance can not be granted to
the applicant, but can be granted to her son Master Hussain Nawaz
Shaikh, along with residence order, so that he can lead a good life and her
future can not be spoiled. Therefore, I recorded my finding on Point No.2,
as well, as partly proved. In view of these findings, following order -
ORDER
a. The application is partly allowed.
b. The main respondent Mr. Nawaz Mohammad Zakir Shaikh, is
herewith directed to pay Rs.3,000/- (Rs. Three Thousand Only) per month
to Master Hussain Nawaz Shaikh, from the date of filing of application
till the disposal of main application, with an annual increase of Rs.500/-
(Rs. Five Hundred only), to be increased from the month of March 2025,
towards his maintenance.
c. The respondent Mr. Nawaz Mohammad Zakir Shaikh, is also
directed to pay Rs.3,000/- (Rs. Three Thousand only) per month towards
Page - 3/4
-- 3 of 4 --
C. C. No. 212 DV 2022 Heena Vs Nawaz and ors.
CNR MHMM18-013631-2022
house rent from the month of April 2024, to master Mr. Hussain Nawaz
Shaikh, in addition to interim maintenance granted above.
d. The respondent undertook before this court to bear the education
expenses of Master Hussain Nawaz Shaikh, and ready to pay school fees
and school traveling expenses, therefore, no order passed in this regard.
Applicant shall furnish the details of school fees and traveling expenses in
this court on opening of every academic year and inform respondent in
advance accordingly.
e. The prayer for interim reliefs to the applicant Mrs. Heena Nawaz
Shaikh, is rejected.
f. If respondent Mr. Nawaz Mohammad Zakir Shaikh, failed to
comply the order the applicant is directed to file separate application
bearing separate number for recovery of arrears.
g. The copy of this order shall be given free of costs to both the
parties.
h. Both the parties and their advocates present before court, shall take
note that respondent is directed to remain present before this court on
13.06.2024, for recording his appearance in the recovery proceeding to be
filed by applicant on or before 31.05.2024. If he failed he shall take
further note that Recovery-Cum-Arrest Warrant may be issued against
him.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 06.04.2024 M.M., 12TH COURT, BANDRA, MUMBAI
Page - 4/4
-- 4 of 4 --