Interim Order 1

Pdf Text: C. C. No. : 142 /DV/2018 ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 142 /DV/2018.
Vaishali Vijay Mahadik. … Applicant.
V/s.
Vijay Dhaku Mahadik and 2 Ors. … Respondents.
ORDER BELOW APPLICATION U/SEC. 23 OF DOMESTIC
VIOLENCE ACT, FOR INTERIM RELIEFS
Read the application, say of the respondents,
documents filed by the applicant and the respondents. Heard
Ld. counsels for both the parties, at length.
2. It reveals that, the applicant has made this
application for grant of interim reliefs.
3. The relations in between applicant and respondents
are not in dispute. It is also not disputed fact that, out of said
wedlock they have one daughter viz. Riya. It is also not
disputed fact that, respondent No.1 and applicant are
residing separately, from each other. It is also not disputed
fact that, applicant filed NC against respondents. It is also not
disputed fact that, at present applicant residing at her parents
house. There is dispute in between parties, question arises,
who is responsible for it.
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C. C. No. : 142 /DV/2018 ~2~
4. In short it is case of the applicant that, she was
subjected to cruelty by the respondents, so also domestic
violence on account of birth of girl, and other minor issues,
same has been tolerated, assumed in future same will be sort,
but of no use. She made best efforts for cohabitation but of
no use. Respondent committed domestic violence which
compelled applicant to reside at her parents house. She is not
having any source of income, unable to maintain herself and
her daughter and presently living at her parents house.
Respondent No.1 is serving, so also, act as Estate Agent and
earning `.40,000/ p.m. She stated that, she is in need of
maintenance, hence, prayed for maintenance of `.20,000/
p.m. for her and `.10,000/ p.m. for her daughter , as well as,
`.10,000/ for house rent or arrange for residential
accommodation, protection order, so also, prayed for access of
daughter.
5. Respondents in their say have denied all the
allegations, levelled by the applicant, came with a case that, it
is applicant, who herself as per her own wimps and wish on
account of demand of separate residence, which is not
possible for him. He resides with his parents. He stated that,
no act of domestic violence and cruelty at their hands
occurred, on contrary, on demand of separate residence,
applicant residing at her parents house. He and other
respondents have not physically and mentally, harassed her.
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They treated her well and taken care of her. He made the best
efforts for cohabitation, but of no use. They have not
subjected applicant to cruelty and not drove her out of house.
He stated that, allegations made by applicant are false.
Further he submitted that, he is doing Karate training and
monthly income is not more than `.5,000/ p.m. his mother
are old depends upon him. Applicant is doing job in garment
company and earning `.15,000/ p.m., lastly prayed to reject
the application.
6. If considered the submissions made by Ld. counsels
for both the parties, allegations levelled against each others
and not disputed facts, unless there is domestic violence at the
hands of respondents, there was no reason to applicant to
reside at her parents house. It is fact that, applicant is
residing separately from respondent primafacie this shows
domestic violence at the hands of respondent otherwise there
was no reason for married woman to reside separetly from
husband unless there is domestic violence. Primafacie there
exists domestic violence at the hands of respondents.
7. If considered source of respondent No.1 and his
obligation of respondent No. 1 to maintain his wife
irrespective the fact as to whether she is earing or not by
virtue of obligation it is boundant duty to maintain his wife
i.e. applicant. It is submitted by applicant that, respondent is
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C. C. No. : 142 /DV/2018 ~4~
earning `.40,000/ p.m., same is denied by the respondent
No.1, stated that, is doing Karate training and monthly
income is not more than `.5,000/ p.m., but nothing in that
regard is on record. If read section 106 of Indian Evidence
Act, respondent has to disclose the facts which are within his
knowledge. Though he disclosed but the same is not
believable, therefore, not accepted. If considered prayer of
applicant and the fact that respondent is maintaining his
family and he is under obligation to maintain his wife, I am of
view that, applicant is in need of maintenance, question raised
to what extent. If considered source of income of respondent
No.1, requirements and needs of applicant and her daughter
amount of `.10,000/ p.m. is sufficient for their maintenance.
8. So far as relief with regard to residence, it appears
that, applicant at present residing at her parents house,
therefore prayer for same cannot be granted. Further,
respondents are required to restrain creating any kind of
domestic violence in future to applicant at the place, where
she resides or work. Accordingly, I pass following order.
O R D E R
1 The application is hereby partly allowed, as
under :
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C. C. No. : 142 /DV/2018 ~5~
i] Respondent No.1. Vijay Dhaku Mahadik do pay
the amount of `.10,000/ ( `.Ten Thousand
Only) p.m. to applicant and her daughter viz.
Riya collectively, towards interim maintenance,
from the date of filing of present application, till
disposal of main application.
ii] Respondents are hereby restrained from
committing domestic violence against the
applicant in the future.
iii] Copy of order be given to both the parties free of
cost.
iv] Copy of this order be sent to P.I. of concern
police station, within whose jurisdiction the
applicant resides.
Mumbai.
Dated : 15/12/2018.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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