Interim Order 1

Pdf Text: C. C. No. : 190 /DV/2018 ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 190 /DV/2018.
Ayasha Majibulla Khan. … Applicant.
V/s.
Majibulla Matiuallah Khan and Ors. … Respondents.
ORDER BELOW APPLICATION (EXH.8) U/SEC. 18, 19, 20,
22 and 23 OF THE PROTECTION OF WOMEN FROM
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 relief of maintenance.
3. The relations in between applicant and respondents
are not in dispute. 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 lodged report U/Sec.
498 A, 420, 323, 406, 506 r/w. 34 of Indian Penal Code
against respondents. It is also not disputed fact that, at
present applicant residing at her uncle's house. It is also not
disputed fact that, there is dispute in between parties, question
arises, who is responsible for it.
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C. C. No. : 190 /DV/2018 ~2~
4. In short it is case of the applicant that, she was
subjected to cruelty by the respondents, on account of demand
of money, her jewellery and her kidney, so also domestic
violence on account of minor issues, same has been tolerated,
assumed in future same will be sort, but of no use. She made
the best efforts for cohabitation but respondents continued
committed domestic violence, which compelled applicant to
reside at her uncle's house. She is not having any source of
income, unable to maintain herself and presently living at her
uncle's house. Respondent No.1 is having business of plastic
scrape and earning `.1,50,000/ p.m. approximately. She
stated that, she is in need of maintenance, hence, prayed for
maintenance of `.50,000/ p.m., as well as, residential order
restraining respondents from selling, transferring, alienating
and or creating any third party right in respect of the
matrimonial house i.e. Room No. 03, Kasam Seth Chawl, Near
javedalam School, Azad Nagar, Ghatkopar (W), Mumbai, so
also, protection order.
5. Respondents in their say denied all the allegations,
levelled by the applicant in respect of domestic violence,
against them. Respondent No.1 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
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C. C. No. : 190 /DV/2018 ~3~
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.
They treated her well and taken care of her. He made the best
efforts for cohabitation, but of no use. They 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 working in the M/s. Royal Trading
company, as laborer and earning salary `.7,000/ 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,
not disputed fact, disclosed unless there is violence at the
hands of respondents, there is no reason to applicant to reside
at her parents house. The question arises, who is responsible
for it. It is matter of fact, mere basis of allegation said issue
cannot be decided, it is initial stage, as it required full fledge
hearing. But it is admitted position that both are residing
separately from each other.
7. If considered source of income of respondent No.1
and it is 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
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C. C. No. : 190 /DV/2018 ~4~
i.e. applicant. It is submitted by applicant that, respondent is
earning `.1,50,000/ p.a., same is denied by the respondent
No.1, stated that, he is earning `.7,000/ p.m., in that regard
he filed copy of company letter on record. If considered
prayer of applicant and the fact that respondent No. 1 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 amount of `.10,000/
p.m. is sufficient for her maintenance.
8. So far as relief with regard to alternative
accommodation, 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, so also, they are required to
restrain from alienating, disposing of the matrimonial house,
from creating any third party rights. 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. : 190 /DV/2018 ~5~
i] Respondent No.1.Majibulla Matiuallah Khan do
pay the amount of `.10,000/ ( `.Ten Thousand
Only) p.m. to applicant 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] Respondents are hereby restrained from
alienating, disposing of the matrimonial house,
from creating any third party rights.
iv] Copy of order be given to both the parties free of
cost.
v] Copy of this order be sent to P.I. of concern
police station, within whose jurisdiction the
applicant resides.
Mumbai.
Dated : 10/12/2018.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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