Order 1

Pdf Text: C. C. No. : 126 /DV/2018 ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 126 /DV/2018.
Savita Vikas Rai. … Applicant.
V/s.
Vikas Yogender Rai and 2 Ors. … Respondents.
ORDER BELOW (EXH.1 )
Read the application, affidavit. Heard Ld. counsels
for both the parties, at length. Ld. Counsel for applicant relied
upon decision of Vishal Damodar Patil V/s. Vishakha Vishal
Patil, CRL W. P. No.1552 of 2008. I have Gone through
decisions cited by the Ld. Counsel for applicant, wherein
Honourable High Court held that, the language of Subsection
(2) of section 22 is very clear. On an affidavit being filed in
the prescribed form, the Ld. Magistrate can exercise power to
grant an ex parte ad interim orders under sections 18, 19, 20,
21 and 22 of the said Act provided the Ld. Magistrate is
satisfied that the application made by the aggrieved person
primafacie disclosed that the respondent to the said
application is committing or has committed an act of domestic
violence or there is likelihood that the respondent may
commit an act of domestic violence. Subsection (2) of section
23 read with rule 7 clearly shows that there is no requirement
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C. C. No. : 126 /DV/2018 ~2~
of filing a separate application for interim relief under section
23 of said Act. Apart from these two provisions, subsection
(2) of section 28 of said Act, provides that the court is
empowered to lay down its own procedure for disposal of an
application under section 12 or an application under sub
section 2 of section 23 of said Act.
2. Ld. Counsel for applicant argued that in view of
decision cited supra there is no need to file separate
application for claiming adinterim relief and therefore,
prayed for directing respondent to pay maintenance to the
applicant.
3. Other side strongly opposed for the same submitted
that, in the absence of application U/Sec. 23 of the protection
of women from domestic violence Act, the prayer made by the
applicant cannot be considered.
4. If considered submissions made by both parties and
decision cited supra by Ld. Counsel for applicant, the prayer
made by applicant for grant of interim maintenance is
required to be considered, therefore, the submission made by
Ld. Counsel for the respondents in the absence of application
for interim relief the same cannot be considered.
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C. C. No. : 126 /DV/2018 ~3~
5. So far as grant of interim relief is concern, on
perusal of record, it appears that, application is accompanied
with affidavit alongwith domestic incident report, submitted
by Protection Officer. On perusal of the same wherein it
appears primafacie there is existed domestic violence at the
hands of respondents, at this juncture it would be appropriate
to consider prayer with regard to maintenance and protection
order till the decision of main application. Considering all
these aspects above discussion, I pass following order.
O R D E R
1 The prayer of applicant for adinterim
maintenance, is hereby allowed, as under :
i] Respondent No.1. Vikas Yogender Rai do pay
the amount of `.10,000/ ( `.Ten Thousand
Only) p.m. to applicant towards interim
maintenance, from the date of passing of this
order, till disposal of main application.
ii] Respondents are hereby restrained from
committing domestic violence against the
applicant, where she resides or committing any
violence with the assistance of social media in
the future.
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C. C. No. : 126 /DV/2018 ~4~
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 : 29/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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