Order 1

Pdf Text: 1 C. C. NO.75/DV/2018
Usha Lokhande .... The petitioner
Vs
Dadabhau Lokhande & Ors. .... The respondent/s
ORDER BELOW INTERIM APPLICATION U/SEC 23 OF THE PROTECTION
OF WOMEN FROM DOMESTIC VIOLANCE ACT, 2005.
1. By way of present petition the petitioner lady claimed interim
relief/s.
2. Heard Ld counsel appearing on behalf of the petitioner lady.
Respondent party remained absent for arguments.
3. Petitioner is the wife of respondent. According to, the petitioner,
she got married with respondent on 12.06.2015. However, thereafter,
she was subjected to various types of domestic violence.
4. Respondent submitted reply and strongly opposed the
application. Except relationship, other allegations have been denied.
5. It is true that parties have levelled serious allegations against
each others and those will have to be decided by this court after
recording evidence on merits in the main case.
6. In view of this application, it is clear that petitioner lady
submitted affidavit in support of the application. Therefore, at this
primary stage, I have no reason to disbelieve said allegations based on
affidavit. Hence in my opinion, petitioner lady was subjected to
domestic violence, as alleged.
7. According to petitioner she is not having any source of income.
Hence for want of reliable evidence, I have to accept that petitioner lady
is having no income and unable to maintain herself.
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8. So far as income of respondent is concern, in the reply it is
admitted that he is working as labour in his village and earns livelihood.
Eventhough petitioner contended that respondent husband is having
agricultural land and gets income of Rs.25,000/pm,but she has not
produced any document in that regard. Respondent appears physically
well built from the record, therefore, it can be said that even if the rule
of minimum wages is applied, he must be getting reasonably sufficient
income.
It is the settled position of law that after marriage, responsibility
of wife shifts on the shoulders of the husband. Even if husband
becomes hermit (sanyasi), he cannnot be exonerated from said
responsibility. Further even if husband is physically chanllenged person
or begger, then also he has to maintain the wife unless she performs
remarriage.
9. Therefore, respondent husband cannot deny his legal liability to
maintain the wife. From record, it appears that he has not placed on
record convincing material to show that he has made any arrangement
for maintenance of wife till date. The petitioner wife is staying at her
parents home, therefore necessary order regarding rental charges
towards alternative accommodation also deserves to be passed.
Therefore, it is clear that petitioner lady is entititled to the
amount of maintenance from the date of the application.
10. In the sequel, considering peculiar facts, circumstances,
alongwith liabilities & evidence etc of the parties, I proceed to pass
following order in the interest of justice :
O R D E R
1. The interim petition is allowed, partly.
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2. Towards maintenance & alternative accomodation of
petitioner wife, the respondent husband shall pay her total Rs. 5,000/
pm, from the date of this application.
3. Respondent shall pay Rs.2,000/ to the petitioner wife
towards cost of this interim application.
4. Respondents is hereby restrained from causing any sort of
domestic violence to the petitioner lady in any manner.
5. Parties are at liberty to submit application for referrring
matter to the Mediation.
6. The above observations are preliminary in nature, the same
may change during the final judgment, subject to proposed evidence.
7. Copy of this order be given to the parties free of costs vide
Sec.24 of the Act.
8. Petitioner lady is at liberty to produce copy of this order
before the concern Protection Officer and the PSO as & when required.
Sd/
Dt : 24.01.2019 ( S.C. Pathare),
Metropolitan Magistrate,
Ask 65th Court, Andheri, Mumbai.
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