Final Order 1

Order Details: Copy  of Judgment
Pdf Text: … 1 … C.C.No. 181/DV/2018
Presented on : 29-06-2018
Registered on : 29-06-2018
Decided on : 09-08-2019
Duration : 01Y, 01M, 11D.
Exh. : 09
IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
(PRESIDED BY S. N. SALVE)
C.C.No. 181/DV/2018
CNR No. MHMM19-006729-2018
Smt. Sakshi Sachin Patade
Age : 36 years, Occupation : Service
R/at : C/o Shridhar Shankar Dalvi
Room No.310, 3rd floor, New Technical Area,
S.R.A. Building, Lelewadi, Marol Pipeline,
Andheri (East), Mumbai – 400 059.
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Versus
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Shri. Sachin Suryakant Patade
Age : 38 years, occupation : Business
Shri. Suryakant Raoji Patade
Age : 57 years, occupation : Retired.
Smt. Sunita Suryakant Patade
Age : 52 years, occupation : Housewife
Smt. Rupali Suryakant Patade
Age : 34 years, occupation : Housewife
All are residing at : Room No.2, Trimurti
Housing Society, Shivaji Nagar, Sanman
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Singh Road, Bhandup (West),
Mumbai-400 078.
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) …. Respondents.
Appearance : Ld. Advocate Mr.K.A.Walwaikar for applicant.
Respondents. - Ex-parte
-: J U D G E M E N T :-
(Delivered on 09-08-2019)
This is an application under Section 12 of the Protection of
Women from Domestic Violence Act, 2005.
2. In short, it is the contention of the applicant that she is
legally wedded wife of respondent No.1. Their marriage was
solemnized on 03-02-2010 as per Hindu Rights and Customs. It is
further contended by her that, after marriage she started residing at her
matrimonial house situated at Badlapur in joint family. It is further
contended by her that, respondent No.2, her mother-in-law, took her all
golden ornaments and till date same have not been returned and are in
the custody of the respondents. It is further contended by her that, she
had been to her native place for Ganesh Chaturthi at that time she had
been tortured by the respondents. It is further contended by her that,
when she started residing with respondents, the respondents again
started harassing her. Respondents have committed the acts of domestic
violence. It is further contended by her that, after delivery of child she
undergone cesarean and was advised to have bed rest. However, the
respondent No.3 did not listen to the parents of the applicant and took
away her to matrimonial home. It is further contended by her that,
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thereafter quarrel used to take place with the applicant and
respondents. On account of that the respondents drove her out of the
matrimonial home. According to the applicant, the respondents have
committed the acts of domestic violence and now she is living at the
mercy of her parents. According to the applicant, she is unable to
maintain herself, whereas the respondents though having sufficient
means to maintain her failed and neglected to maintain her. It is
submitted by the applicant that the respondent is having
his own electronic sale and repairs business and thereby earning
Rs. 3,85,270/- p.a. According to the applicant, she is entitled for
maintenance @ Rs. 20,000/- per month. The applicant has also
claimed compensation for physical and mental torture. Lastly, the
applicant prayed to allow the application.
3. In spite of due service of notice, the respondents have
failed to appear before the court. Hence, the application was ordered to
be proceeded ex- party against them.
4. The points to determination along with my findings with
reasons thereon are as follows:
SR.
NO.
POINTS FINDINGS
1. Whether the applicant proves that
the respondents have committed
the acts of domestic violence ?
: Yes.
2. Whether the applicant is entitled to
protection order ?
: Yes.
3. Whether the applicant is entitled to
maintenance as claimed by her.
: Partly yes.
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4. Whether the applicant is entitled to
residence order?
: Yes.
5. What Order ? : Application is partly
allowed.
-: R E A S O N S :-
5. The applicant in support of her case has examined herself
by filing an affidavit of Examination-in-Chief (Exh.-4). Besides, she has
also relied upon documentary evidence filed along with list of
documents (Exh.-5).
-: Point No.1 :-
6. It is the case of the applicant that she being the legally
wedded wife of the respondent No.1 and the respondent Nos. 2 to 4
being her in laws, she is in domestic relationship with them. The above
testimony of the applicant has gone unchallenged. The unchallenged
testimony of the applicant goes to prove that she is in domestic
relationship with the respondents.
7. So far as the acts of domestic violence as alleged by the
applicant are concerned, she has categorically deposed in her affidavit
of Examination-in-Chief that the respondents from time to time
harassed her. Her further testimony shows that the respondents have
committed the acts of domestic violence. As stated here-in-above, the
respondents have failed to appear before the Court though served with
the notice. As such, the above evidence of the applicant has gone
unchallenged. The unchallenged testimony of applicant which is
supported by the documentary evidence namely copy of complaint
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made to Police Station, M.I.D.C. and other documents go to prove that
the respondents have committed the acts of domestic violence. I,
therefore, hold that the respondents have committed the acts of
domestic violence. Accordingly, I answer point No1. in the affirmative.
-: Point No. 2 :-
8. As the applicant has established that the respondents have
committed the acts of domestic violence, it is necessary to restrain the
respondents from committing the acts of domestic violence. I, therefore,
hold that the applicant is entitled to protection order. Accordingly, I
answer point No. 2 in the affirmative.
-: Point No. 3 :-
9. In so far as claim of maintenance is concerned it is the case
of applicant that she is working in Municipal Corporation School as a
General Clerk and after deduction she gets Rs. 5,000/- out of which she
has to manage with school fees and other expenses. On the other hand
the respondent is having his own electronic business in the name & style
as Accu Teck at Bhandup and thereby earned Rs. 3,85,270/- during the
assessment year 2017-2018. The applicant in support of her contention
has placed on record Income Tax Returns 2017-2018 showing the
annual income of the respondent for the year 2017-2018. It appears
that the respondent is carrying on the business of electronic sale and
repairs. The applicant has duly established that the respondent has
sufficient means to maintain her. As stated herein above the respondent
has remained Ex-partie. He has not stepped into witness box to deny
that he is unable to maintain the applicant and has no sufficient means
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to maintain her. Though the applicant is doing job as a clerk her
income after deduction is not sufficient to meet the expenses of daily
needs. Considering the income of the respondent and that of the
applicant I am of the opinion that applicant is entitled to maintenance
@ Rs. 7,000/- per month. Accordingly, I answer point No.3 in the
affirmative.
-: Point No. 4 :-
10. The applicant has also claimed residence order. She
deposed that the respondents have not made any provision for her
residence. The D.V. Act also empowers the Court to grant residence
order. In this view of the matter the applicant is entitled to residence
order.
-: Point No. 5 :-
11. In view of my affirmative findings as point Nos. 1 to 4, the
applicant is entitled to protection order, maintenance and residence
order as held herein above.
12. In the result, following order is passed
O R D E R
1. Application is partly allowed.
2. The respondents shall not commit the acts of domestic violence.
3. The respondent No.1 shall pay maintenance to the applicant
@ Rs.7,000/- per month for herself from the date of application.
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4. The respondent is directed to secure same level of alternative
accommodation as enjoyed by her in the shared household to the
applicant or to pay the rent for the same.
5. Copy of order be supplied to parties free of cost.
6. Accordingly, application is disposed off.
(S. N. SALVE)
Mumbai. Addl. Chief Metropolitan Magistrate,
Date : 09-08-2019 22nd Court, Borivali, Mumbai.
*csj
Dictated on : 09-08-2019
Typed on : 09-08-2019
signed on : 09-08-2019
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