Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C. C. No. 21/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
C. C. No. 21/ DV / 2018
Bano Qezilbash ... Applicant
V/s.
Alize Feroz Abbas @ Alize Hussain Zaidi ... Respondent
ORDER BELOW APPLICATION DATED 12/06/2018
FOR URGENT RELIEF
1. This is an application for urgent reliefs under section 23 of
the Protection of Women From Domestic Violence Act, 2005 (in short 'the
Act').
2. In brief, it is the case of the applicant that the respondent is
her daughterinlaw. The respondent is a Bangladeshi National. The
respondent has left the house of the applicant on her own on 27/12/2017.
There are number of proceedings filed by the respondent against the
applicant and her family. The respondent has started threatening the
applicant and her family to implicate in false cases. On 10/06/2018 at
about 4.35 p.m. the respondent came to the house of the applicant and
she forcefully and unlawfully tried to enter in the house with intention to
cause harm to the applicant. There are number of incidents wherein the
respondent has created ruckus. The applicant is in need of urgent reliefs.
Hence, this application.
3. The respondent resisted the application by filing her reply
Exh.08. Admittedly the respondent is daughterinlaw of the applicant.
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The respondent has denied all the allegations made against her. It is the
case of the respondent that she never committed any wrong act. The
respondent herself has filed proceeding under the provisions of the Act
against the applicant and others. The applicant has driven out the
respondent from her matrimonial house. The applicant has not come with
the clean hands. The applicant is not entitled for any reliefs. Hence, the
application may be rejected.
4. The learned advocate of the applicant argued that the
applicant is old aged lady. Her age is 73 years. The applicant is heart
patient. At present the applicant is residing alone in the house purchased
by her husband. Earlier the respondent had tried to forcefully enter into
the house of the applicant in order to cause hurt to the applicant. Though
since last two years the respondent has not come to the house of the
applicant, the applicant is living in fear. Therefore, it is necessary to pass
some order to protect the life of the applicant.
5. Record shows that since last two years the respondent and her
advocate did not attend the court. The respondent side failed to argue.
6. I have given due consideration to the submissions of the
applicant and her advocate. The applicant has also filed her affidavit in
support of the allegations made by her in the application. As per record,
age of the applicant is 73 years and at present she is staying alone. The
record prima facie shows that the applicant is a aggrieved person. The
respondent and her advocate did not appear before the court to deny the
submissions of the applicant. Therefore, considering the grounds of the
application and submissions of the applicant and her advocate, it is
necessary to restrain the respondent from entering into the house of the
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applicant, address of which is mentioned in the title clause of the
application, without the permission of this court. Other reliefs are
considerable at this stage. In the result, the application is liable to be
partly allowed. Hence, the order.
ORDER
1. The application is partly allowed.
2. The respondent is restrained from entering into the house of
the applicant without the permission of this court till disposal
of the case.
3. Costs in the cause.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 20/04/2022 Andheri, Mumbai.
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