Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C.C. No. 36/DV/2018 Judg.
Filed on : 01/02/2018.
Registered on : 01/02/2018.
Decided on : 22/08/2019.
Duration : 01 Yrs. 06 M 21 D
Exh. :
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. :- 36/DV/2018
Mrs. Avani Ashish More
Age :- Adult, Occupation :- Housewife.
R.o. :- Ashabai Ismail Patel Chawl,
Jai Bhavani Mata Road,
Amboli, Andheri (W), Mumbai
… Applicant.
V/s.
1. Mr. Ashish Shridhar More
Age :- Adult, Occupation :- Business
R/o- Sector-12, F/48, Om Suir Rachna Society,
Kharghar, Navi Mumbai.
2. Mrs. Surekha Shridhar More
Age :- Adult, Occupation :- Nil.
R/o- Sector-12, F/48, Om Suir Rachna Society,
Kharghar, Navi Mumbai.
3. Mr. Shridhar More
Age :- Adult, Occupation :- Nil.
R/o- Sector-12, F/48, Om Suir Rachna Society,
Kharghar, Navi Mumbai.
4. Miss Ambrita Shridhar More
Age :- Adult, Occupation :- Nil.
R/o- Sector-12, F/48, Om Suir Rachna Society,
Kharghar, Navi Mumbai.
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2 C.C. No. 36/DV/2018 Judg.
Appearance : Ld. Advocate Archana Supale
for the applicant.
J U D G M E N T D a t e :-22/08/2019.
Applicant Avani Ashish More has made this
application U/Sec. 12 of The Protection of Women From
Domestic Violence Act, 2005.
2. In short it is case of the applicant that, she was
subjected to cruelty and domestic violence by respondents,
same has been tolerated, assumed in future same will be sort,
but of no use. She made efforts of cohabitation but
respondent continuously, committed domestic violence and
sent her at her parents house. She is not having any source,
unable to maintain herself and presently living at her parents
house. Respondent No.-1 owned garage, earning Rs.45,000 to
Rs.50,000/- p.m. and also earning by doing other works. She
stated that, she is in need of maintenance, hence, prayed for
maintenance of Rs.10,000/- p.m. for herself and Rs.10,000/-
for her child, medical expenses of Rs.5,000/- for herself and
her child, as well as, separate residential accommodation or
rent for same, so also, protection order.
3. Summons to the respondents were issued. They
appeared but failed to submit their say, hence the application
proceeded without their say.
4. Heard Ld. Counsel for the applicant at length. No
argument by respondents.
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3 C.C. No. 36/DV/2018 Judg.
5. The point for my determination along with my
findings thereon alongwith reasons are, as follows.
SR. NO. POINTS FINDINGS
1 Whether applicant proves the
respondent has committed domestic
violence against her?
Yes.
2 Whether the applicant is entitled for
reliefs, as she prayed ?
Partly Yes.
3 What order ? As per final
order.
R E A S O N S
As to Point Nos. 1 and 2: -
6. In order to prove the case the applicant Avani
Ashish More examined herself, as (A.W. No.-1) at (Exh.-7).
She closed her evidence by filing pursis Exh.10.
7. The respondents failed to adduce evidence from his
side.
8. If minutely gone through evidence of Avani Ashish
More (A.W.1), it reveals that she has reiterated the same fact
which were narrated in the application. The sum and
substance of her evidence disclosed that she was subjected to
domestic violence by the respondents. She made efforts for
cohabited but of no use, at last she has to reside at her parents
house. She stated that she is in need of maintenance. The
respondent is having sufficient means to provide maintenance
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4 C.C. No. 36/DV/2018 Judg.
as he is earning Rs.45,000/- to 50,000/- per month. Further
she prayed for protection order for restraining the respondents
from committing domestic violence, prayed for
accommodation, cost and other reliefs.
9. The evidence of the applicant remained
unchallenged at the hands of the respondent. Therefore the
evidence adduced by the applicant is required to be accepted.
10. Considering these aspects and the source acquired
by the respondent no.1, amount of Rs.15,000/- maintenance
which was granted by way of interim is required to be made
absolute. Further, the order of protection is required to be
passed. Hence, I answer point No.-1 and 2 in partly
affirmative.
AS TO POINT NO.-3 : -
11. In view of above discussion the application is
required to be allowed partly to the extent of relief of
maintenance and protection as the evidence is lacking for the
rest of the reliefs therefore they cannot be granted, they are
required to be rejected. Accordingly I answer point No.-3 and
pass the following order.
O R D E R
1 The application is hereby partly allowed.
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5 C.C. No. 36/DV/2018 Judg.
i] Respondent no.1 is hereby directed to pay
monthly maintenance of Rs. 15,000/- per month
from the date of this order.
ii] The respondents are hereby restrained from
committing domestic violence in future against
the applicant.
iii] Copy of judgment be given to applicant free of
cost.
iv] Copy of judgment be given to concern police
station wherein applicant resides.
v] Dictated and pronounced in open Court.
Date :- 22/08/2019.
Sd/-
(R. M. Nelikar)
Metropolitan Magistrate,
66thCourt, Andheri, Mumbai.
Dictated on :- 22/08/2019.
Transcribed on :- 30/09/2019.
Signed on :- 01/10/2019.
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