Interim Order 1

Pdf Text: 1 C.C. NO. 98/DV/2018 Interim
IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI MUMBAI
C.C. NO. 98/DV/2018
Aarti Sanjay Dixit ...Applicant
v/s.
Sanjay Ramachheber Dixit and Ors. ...Respondents
ORDER BELOW APPLICATION FILED BY APPLICANT FOR
INTERIM RELIEF
Read the application, say of respondent. Heard Ld.
Counsels for applicant and respondent at length. Perused
written notes of argument submitted by both the parties.
2. It reveals that the applicant has made this
application for interim relief.
3. The relations in between the parties are not
disputed. It is also not disputed fact that the applicant and
respondent are residing separately from each other. It is also
not disputed fact that during the course of cohabitation with
the respondent, the applicant was sick. It is also not disputed
fact that the applicant has lodged report and N.C. against the
respondent. It is also not disputed fact that it is the applicant
who was subjected the cruelty domestic violence from the
respondents or she herself left the company of the respondent
and residing at her parents house or not.
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4. In short case of the applicant that she was
subjected to cruelty and domestic violence by the respondent
on account of demand of dowry. She was harassed physically
and mentally on account of domestic violence, which
compelled her to reside at her parents house.
5. The said fact denied by the respondents come with
the case that the allegations made by the applicant are totally
false. He also came with the case that it is the respondent who
took every care of the applicant during her ill-health. It is the
applicant who herself not behaved with respondents properly
and in respect of her family members the respondents
harassed by her. She herself left company of the respondent
and reside at her parents house. He stated that no domestic
violence as alleged by the applicant was occurred therefore,
no need of maintenance as prayed for.
6. If considered the undisputed facts in between the
parties and the fact of registration of criminal cases and N.C.
against respondents and the fact of illness of the applicant,
prima facie appears domestic violence at the hands of the
respondents, therefore applicant left the company of the
respondents and resided her parents house, no reason to
register the N.C. or report when her marriage was solemnized
with respondents, all these facts disclosed there exist the
domestic violence.
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7. So far as reliefs as prayed by the applicant is
concerned, if considered the written notes of argument
submitted by the parties and section 106 of Evidence Act, it is
boundant duty of the respondent to disclose the facts which
are within the knowledge. In the present case the respondent
has not disclosed the same. The prudent man would not able
even to bear his own expenses and the expenses of his family
during the course of his unemployment. But in the present
case the respondents bearing all these expenses, therefore the
adverse an adverse inference can be drawn against him in
respect of his source.
8. Considering these aspects, relief of protection order
and maintenance is required to be granted. So far as question
arise at what extent. Till disposal of main application, the
relief of maintenance @ Rs.10,000/- is required to be granted
to the applicant from respondent no.1 from the date of filing
of this application.
9. The rest of the relief will be considered after full-
fledged hearing. Accordingly I proceed to pass following
order:
O R D E R
1. The application is partly allowed.
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2. Respondent no. 1 Sanjay Ramachheber Dixit do pay the
amount of Rs.10,000/- per month to the applicant
towards maintenance from the date of this application
till the disposal of main application.
3. Respondents are hereby restrained from committing
domestic violence against the applicant in future.
4. Copy of order be given to both the parties free of cost.
5. Copy of this order be sent to PI of concern police station
within whose jurisdiction the applicant resides.
Sd/-
Date : 04/09/2019 (R.M. Nerlikar)
Metropolitan Magistrate
66th Court, Andheri, Mumbai
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