Order 1

Order Details: Copy of Interim Maintenance Order
Pdf Text: CNR No. MHMM18-014426-2022 C. C. NO. 222/DV/2022
Vanita V/s. Manisha
ORDER BELOW APPLICATION EXH.8
The applicant has filed the present applications for seeking
protection order under section 18 and 19 of the Protection of The Woman
from the Domestic Violence Act, 2005 (here-in-after referred as, 'the
PWDV Act').
2. According to the applicant, the respondent Manisha is her
daughter-in-law and wife of her son by name Vilas. The applicant has filed
the proceeding under the provisions of Domestic Violence Act against
respondent which proceeded exparte. It is contended that, the respondent
has caused mental and physical harassment to the applicant and her
husband. On 21/12/2023 and 22/12/2023 the respondent attacked the
applicant by holding her neck and slapped on her face. She has filed N.C.
report No.3124/2023 dated 23/12/2023.
3. It further is contended that, on 01/11/2024 the respondent
and her mother visited to home of applicant and attacked her with knife.
She hit her by knife and abused her in filthy language. Her son went to
police station but police refused to register the F.I.R. Therefore, the
applicant wrote letter to Deputy Commissioner. She also made complaint
to Home Minister.
4. Thus, according to the applicant she has been subjected
domestic violence at the hands of respondent. Therefore, she prayed that,
the respondent be restrained from committing any domestic violence. She
further prayed that, the respondent be restrained from dispossessing her
from shared household and also sought direction that, the respondent
shall remove herself from shared household. She also prayed for
compensation of I.10,00,000/- from the respondent.
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5. Initially, the notice has been issued to the respondent in turn
the respondent appeared in the matter and resisted the application by
filing her say at (Exh.-11). The respondent denied all the contention of the
applicant in toto. It is contended that, the N.C. report dated 23/12/2023
has been filed by the applicant only with intention to counter blast to the
case filed by respondent in Hon’ble Sessions Court.
6. It is further contended that, the respondent did not have a
place to stay after leaving the shared household. She was forced to live
with various friends and family members for support. Despite of these
circumstances she helped the family of the applicant. She visited the
shared household occasionally to collect her belongings, but she could not
take everything at once. It is further contended that, the applicant is not at
all ‘aggrieved person’, as per the provision of Domestic Violence Act.
Hence, she is not entitled to any relief, as sought. Lastly, she prayed that,
application be rejected.
7. I have heard elaborated argument Ld. Advocate Smt. Shinde
for the applicant and Ld. Advocate Narayan for respondent. The applicant
in support of her application filed on record the Copy of N.C., Copy of
complainant, Copy of letter to D.C.P., Copy of online complaint dated
03/11/2024, Copy of medical report, Copy of complainants filed to Higher
Authorities, Copy of N.C. reports etc.
8. Considering the rival pleadings of both parties following
points are arises for my determination. I have recorded my findings
thereon for the reasons, as under :-
Sr. No. Points Findings
1. Is the applicant proved
prima-
faciely that, she has been subjected
the domestic violence at the hands
of the respondents? Affirmative.
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2. Is applicant entitled for relief of
protection order and residential
order, as prayed?
Partly Affirmative.
3. What order? Application is
partly allowed.
REASONS
As to point No.1 :-
9. In order to get interim reliefs under the provisions of Domestic
Violence Act the applicant has to prove that, she has been subjected
domestic violence at the hands of respondent. It is to be noted that, the
domestic relationship between parties are admitted to each other. The
applicant in order to substantiate her claimed relied on the copies of N.C.
reports and copies of complaints filed by her. It is to be noted that, the
respondent is wife of son of applicant. The respondent was used to reside
with the applicant in her shared household.
10. From the reply of respondent it appears that, at present the
respondent is not staying in her shared household with the applicant. The
N.C. copy dated 23/12/2023 filed at the instance of applicant shows that,
on 21/12/2023 dispute arose between her and respondent and the
respondent beaten her by hands and abused the applicant. She also filed
the medical papers regarding treatment taken by her in B.M.C. hospital.
11. Further it appears that, on 01/11/2024 the applicant was
present in her home, at that time the respondent and her mother came in
the home of applicant and abused her in filthy language. Even they have
beaten the applicant. It is specific allegation that, the respondent hit the
applicant by knife on her right hand, but police have not taken the report
of the said incident.
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12. She made complaint to Higher Authorities. Even she has filed
on record the copy of medical document, which shows that, she has been
assaulted by knife and received injuries. It is to be noted that, though the
respondent is not at presently staying with the applicant in her
matrimonial home. But the dispute is still going on and the respondent
attacked her with knife in her shared household. Therefore, I am in
opinion that, the applicant on the basis of N.C. report and complaint
lodged by her
prima-faciely proved that, she has been subjected domestic
violence at the hands of respondent. Hence, I record my finding to the
point No.1 as in the affirmative.
As to point No.2 :-
13. This issue is in respect of the protection order. The applicant
has sought relief of protection order and residence order. It is to be noted
that, while concluding the point No.1 I hold that, the applicant has proved
the
prima-faciely that, she has been subjected domestic violence at the
hands of respondent. It is the appreciation in the mind of applicant that,
the respondent would again attack her, therefore, in order to save limb
and life of applicant I am of opinion that, the interim protection order
needs to be granted in favour of applicant.
14. So far as, the residence order that, the respondent shall
remove herself from the shared household, is concerned, from the reply of
respondent it appears that, at present the respondent is not staying with
the applicant in shared household. Further, it has not been come on record
that, any portion of shared household is in possession of respondent.
Therefore, residence order cannot pass against the respondent, but she
can be restrained from disturbing the peaceful possession of the applicant
over the shared household. Hence, I record my finding to point No.2, as in
the partly affirmative and proceed to pass following order.
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ORDER
1 The application is partly allowed.
2 The respondent shall not cause any kind of domestic
violence to applicant till final decision of the proceeding.
3 The respondent shall not disturb the possession of the
applicant over the shared household till final decision of
the proceeding.
4 Copy of this order be given free of cost to both the
parties.
Mumbai.
Date : 10/03/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 10/03/2025.
Transcribed on :- 11/03/2025.
Checked on :- 13/03/2025.
Signed on :- 13/03/2025.
SRD
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