Order 1

Pdf Text: 1 C.C. NO. 26/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 26 /DV/2018.
Moni Suraj Sharma … Applicant.
V/s.
Suraj Shyamlal Sharma & Ors. … Respondents.
ORDER PASSED BELOW APPLICATION FOR INTERIM
RELIEF FILED BY THE APPLICANT
Read the application, say of respondent at (Exh.5),
documents placed on record on behalf of the applicant and the
respondents. Heard Ld. counsels for both the parties, at
length.
2. It reveals that, the applicant has made this
application for grant of interim reliefs of maintenance from
the respondent No. 1.
3. It is her submission that, respondent No. 1 is her
husband and other are her inlaws. The respondents refused
her, neglected her and thereafter, committed domestic
violence on account of various domestic issues, demand of
money and various other issues, she tolerated the same,
inspite of domestic violence at the hands of respondent
continued, therefore, made this application. She further
stated that, she is unable to maintain herself, surviving on the
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mercy of her aunt, whereas respondent No. 1 is earning
`.15,000/ p.m. by doing job, hence, she prayed for `.6,000/
per month.
4. Respondent in his say (Exh.5) denied all the
allegations, which were levelled by the applicant in respect of
domestic violence. Respondent come with case that, applicant
is educated and worked as Nurse and thereby derived earlier
Rs.20,000/ and thereafter Rs.12,000/. The applicant
suppressed the fact of her residence, applicant herself started
quarreling on the ground of separate residence as she do not
wish to live in joint family. He denied the fact of his source.
He stated that applicant herself physically and mentally
harassed him. He denied all the allegations levelled against
him by the applicant. At last he submitted that applicant is
doing job and need not required maintenance, pray to reject
the same.
5. If considered the argument advanced by Ld. Counsels
for both the parties and the fact of dispute in between the
parties, by virtue of it there is desertion in between the
applicant and the respondent coupled with the facts of
allegations of domestic violence, prima facie the material
available on record disclosed and reason to belive that the
respondent committed domestic violence against the
applicant. If he had not committed the same, in these
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circumstances there was no reason for the applicant to reside
the separately from the respondent when the marriage was
solemnized in between the parties for cohabitation only.
6. So far as source as alleged by the applicant and
respondent there is nothing on record to show any
documentary evidence in that regard. The applicant is residing
with her aunt at her house and in these circumstances she
required maintenance.
7. Considering this aspect I am of view that amount of
Rs.5,000/ for the applicant is sufficient for survive herself.
Further considering the said dispute in between the parties,
protection order for restraining the respondent from
committing the domestic violence against applicant is required
to be issued.
O R D E R
1 The application is hereby partly allowed, as
under :
i] Respondent No.1. Suraj Shyamlal Sharma do
pay the amount of `.5,000/ ( `.Five Thousand
Only) p.m. towards interim maintenance, from
the date of filing of present application, till
disposal of main application.
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ii] Respondents are hereby restrained from
committing domestic violence against the
applicant and her son, in the future.
iii] Copy of order be given to both the parties free of
cost.
iv] Copy of this order be sent to P.I. of concern
police station, within whose jurisdiction the
applicant resides.
Mumbai.
Dated : 03/05/2019.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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