Interim Order 1

Pdf Text: 1 C. C. NO.130/DV/2018
Kirti Amol Bagwe .... The petitioner
Vs
Amol Vasant Bagwe & 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 interim petition, the petitioner lady claimed
interim relief/s.
Heard Ld counsels of both the sides.
2. According to the petitioner lady, she got married with
respondent No.1 on 17.04.2017. She is issueless. However, she was
subjected to various types of domestic violence by respondents.
3. Respondent/s submitted reply and strongly opposed the
application.
4. The relationship between the parties is admitted.
5. According to petitioner lady, she is not having any income. It is
contended that previously she was doing some job but now days she is
jobless.
6. It is contended by petitioner lady that respondent husband is
serving in a finance company and thereby the same earns Rs.40,000/
per month. Petitioner party could not bring any documentary evidence
in that regard. However, respondent in his reply in para No.12
admitted that he is working in HDB company. It means it can be said
that he is having sufficient/reasonable income. Apart from that
respondent No.2 is also having service, therefore, it is clear that
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responsibility of respondent No.2 is not on the shoulders of respondent
No.1.
7. Eventhough respondent claimed that petitioner lady is having job
presently but he is not having such reliable documentary evidence.
Under such circumstances, it is difficult to believe that petitioner lady is
having any job as of now, as claimed by the respondent husband.
Perusal of pleadings of main petition in para No.8 it shows that at least
previously she was having some or other job, but now as on today, she
is jobless. Due to said reason, it is clear that petitioner lady is having
capacity to do job and earn money in the future. Therefore, this is the
reason, which leads me to hold that she is not entitled to interim
maintenance/rental charges from higher side.
8. DV Act is a social legislation. It is expected by law that when any
person prefers to get married then prior to that he must ensure that he
shall be able to maintain the wife.
9. It is the settled position of law that husband even if a beggar or
hermit or physically challenged person, the same cannot be a ground to
exonerate him from the responsibility of paying interim maintenance
etc to wife.
10. The petitioner lady submitted the application which is supported
by her affidavit, therefore, primafacie, it appears that she was
subjected to domestic violence. So far as, the remaining prayers are
concerned, the same will have to be decided after recording evidence at
the time of final judgment.
11. It is the settled position of law that after marriage income of
parents etc of the wife cannot be considered in such cases. After
marriage, responsibility to maintain wife shifts on the shoulders of
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husband.
12. So far as, quantum of maintenance is concern, there are two
ends. One is to award the same from higher side, the other one is to
award it from the lower side. However, in my humble view, court has
to strike balance between the said both the ends and to award
justifiable/reasonable interim maintenance.
Considering peculiar facts, circumstances, alongwith liabilities &
evidence etc of the parties, petitioner wife is entitled to reasonable
interim maintenance. Therefore, in view of object of DV Act, I proceed
to pass following order in the interest of justice :
O R D E R
1. The petition stands allowed, partly.
2. The respondent husband shall pay Rs.10,000/p.m interim
maintenance (inclusive of rent etc all) to the Petitioner wife from the
date of this petition.
3. Respondents are hereby restrained from causing any sort of
domestic violence to the petitioner lady in any manner.
4. Parties are at liberty to submit application for referrring
matter to the Mediation, for amicable settlement.
5. The above observations are preliminary in nature, the same
may vary during the final judgment, subject to proposed evidence.
6. Copy of this order be given to the parties free of costs vide
Sec.24 of the Act.
7. Respondents shall not transfer or create third party interest
in any manner on the immovable properties standing on the name of
respondent No.1 husband(if any), till final disposal of this matter.
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8. Petitioner wife is at liberty to show copy of this order
before the concern Protection Officer/PSO, as and when required.
Sd/
Dt : 25.06.2019. ( S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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