Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C. C. No. 53/DV/2019
IN THE COURT OF METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
C. C. No. 53/DV/2019
Deepali Sharad Chikane + 1 ... Applicants
V/s.
Sharad Suresh Chikane + 6 ... Respondents
ORDER BELOW EXH. 01
1. Applicant no. 1 (Hereinafter referred as 'the applicant') has
not filed separate application for interim reliefs. In her main
application the applicant has claimed interim reliefs under the provision
of Section 23 of the Protection of Women From Domestic Violence Act,
2005 (for short 'the Act').
2. In brief, it is the case of the applicant that she got married
with respondent no. 1 as per Hindu Vedic Rites on 30/04/2017 at
Vashi, Navi Mumbai. From the said wedlock the applicant is blessed
with one daughter Sanvi (applicant no. 2), who was born on
11/05/2018. Respondent no. 2 is fatherinlaw, respondent no. 3 is
motherinlaw, respondent no. 4 is brotherinlaw, respondent no. 7 is
sisterinlaw, respondent no. 6 is wife of brotherinlaw and respondent
no. 5 is daughter of sisterinlaw of the applicant. After marriage the
applicant came to her matrimonial house situated at Jogeshwari (East)
Mumbai. After marriage the applicant found that respondent no. 1 is
regular drinker and he is having close relation with respondent no. 6.
Though respondent no. 6 was staying with her husband at Virar, she
used to come to the matrimonial house of the applicant on every
weekend. When the applicant asked respondent no. 1 about his
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relation with respondent no. 6, respondent no. 1 assaulted her badly
and threatened her. Respondent nos. 2 and 3 used to instigate
respondent no. 1 to assault the applicant. Respondent no. 4 also raised
his hands on the applicant for no wrong. The respondents were
regularly subjecting the applicant to illtreatment. On 07/02/2018
when applicant's sister and mother came to matrimonial house of the
applicant for inquiring about her health, respondent no. 1 created scene
in the house and he assaulted her and used bad words for her parents.
The applicant reported said incident to police station Meghwadi. On
11/05/2018 the applicant gave birth to her daughter. At that time
none of the respondent came to inquire about her and her daughter for
the period of four months. Thereafter the applicant requested the
womencell of police station Meghwadi for help. After interference of
women cell it was decided that the applicant and respondent no. 1 will
stay on the loft of the room and respondent nos. 2 and 3 were staying
on the ground floor. Thereafter also the respondents continued to ill
treat the applicant. On 26/01/2019 when the uncle of the applicant
visited the house of the applicant to inquire about the applicant and her
minor child, respondent nos. 1, 4 and 5 started making accusation
against the applicant and started beating her. Respondent no. 1 also
manhandled the uncle of the applicant. The applicant gave report of
the said incident to police. Lastly, on 16/01/2019 the respondents
compelled the applicant to leave her matrimonial house. Since then the
applicant is staying with her minor daughter at the house of her parents
at Taloja. The respondents are not willing to take back the applicant to
her matrimonial house. The respondents have committed the acts of
mental, verbal, emotional and economic abuse against the applicant.
Hence, this application.
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3. Respondent no. 1 resisted the application by filing his reply
(Exh. 06) and respondent nos. 2 to 7 resisted the application by filing
their reply (Exh. 07). It is admitted that the applicant is wife of
respondent no. 1 and they are blessed with one daughter. The
respondents have denied all the adverse allegations made against them.
It is the case of the respondents that all the allegations of the applicant
are false. From the 15th day of the marriage the applicant started to
pressurize respondent no. 1 to stay separately from his family. The
applicant also started to pickup quarrels on petty issues. All the
instances of assault and abuse alleged by the applicant are bogus. Even
when the applicant and respondent no. 1 were residing separately from
the family, the applicant was quarreling with respondent no. 1 and
asking him to take a flat in Dombivali. The reports filed by the
applicant against the respondents are false. Respondent no. 1 tried his
level best to bring back the applicant to her matrimonial house, but the
applicant always asked for separation from family. The applicant has
filed the application only to harass the respondents and for wrongful
financial gains. The applicant is not entitled for any reliefs. Hence, the
application may be rejected.
4. I have gone through the record. The case is at initial stage.
Both parties have made several allegations against each other. Those
allegations may be inquired into at the time of trial. The allegations of
the applicant is supported by her affidavit. The allegations of the
applicant are also supported by the contents of N.C. reports filed by her
on record. At this stage, I do not find any reason to disbelieve the case
of the applicant. Respondent no. 1 also failed to show any convincing
reason for making false allegations against him by the applicant. At this
stage, I do not find any reason for the applicant for staying at her
parental place with her minor daughter, except the illtreatment given
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to her by respondent no. 1. The allegations made by the applicant
primafacie shows that the applicant is victim of domestic violence.
Therefore, the applicant is certainly entitled for appropriate and
necessary interim reliefs under the provisions of the Act.
5. The applicant has prayed that respondent no. 1 be directed
to pay Rs. 15,000/ per month for the maintenance of the applicant and
her daughter. The applicant submitted that her parents are retired
persons and financially not sound to take care of her day to day
expenses. Respondent no. 1 is not financially supporting the applicant.
Respondent no. 1 is earning Rs. 40,000/ per month as salary. On the
point of salary respondent no. 1 submitted that his monthly earning is
Rs. 10,000/ per month. I have considered the submissions of both the
parties. Record primafacie shows that the applicant is staying with her
minor daughter at the house of her parents due to the illtreatment
given to her by respondent no. 1. In the circumstances, it is the legal
and moral duty of respondent no. 1 to give reasonable amount to the
applicant for the interim maintenance of the applicant and her
daughter. At the time of argument respondent no. 1 also shown his
willingness to pay Rs. 2,500/ per month for the maintenance of her
daughter. As stated above, it is the duty of respondent no. 1 to
maintain both the applicant and her daughter. At this stage there is no
dependable material regarding the actual income of respondent no. 1.
In the circumstances, considering the status of the parties which
appears from the record, it would be proper to grant interim
maintenance of Rs. 4,000/ per month for the maintenance of the
applicant and her daughter.
6. The applicant has also prayed for other reliefs including
protection order, order of alternate accommodation and compensation.
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Considering the facts and circumstances of the case I am of the view
that those reliefs may be considered at the time of final hearing and
those prayers are not considerable at this stage. Therefore, at this
stage I am not inclined to grant any other relief to the applicant.
Hence, the order.
ORDER
1. Respondent no. 1 shall pay Rs. 4,000/ per month to the
applicant for interim maintenance of the applicant and her daughter,
from the date of the application till disposal of the case.
2. Costs in the cause.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 13/01/2020 Andheri, Mumbai.
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