Final Order 1

Order Details: Copy  of Judgment
Pdf Text: C. C. No. : 229/DV/2018 ~1~
Filed on : 08/08/2018.
Registered on : 08/08/2018.
Decided on : 25/01/2019.
Duration : 0 Y., 05 M., 17 D.
Exh. :
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 229/DV/2018.
Mudrika Prahlad Landge.
Age : 50 Years. Occupation : Nil.
R.o. : Room No. G19, Jai Bharat Co. Op.
Housing Society Ltd. Joshi Estate, Near
Saibaba Temple, Sunder Baug, Kurla (W),
Mumbai – 400 070.
… Applicant.
V/s.
1
2
Balaji Prahlad Landge.
Age : Adult. Occupation : Nil.
Anuradha Balaji Landge.
Age : Adult. Occupation : Nil.
Both R/o. Room No. G19, Jai Bharat
Co. Op. Housing Society Ltd. Joshi
Estate, Near Saibaba Temple, Sunder
Baug, Kurla (W), Mumbai – 400 070.
… Respondents.
Appearance :Ld. Advocate Mr. Ramlal Khushwaha for
applicant.
No Ld. Advocate for respondents.
J U D G M E N T D a t e : 25/01/2019.
The applicant viz. Mudrika Prahlad Landge, has
made this application U/Sec. 12 of Protection of Women From
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Domestic Violence Act, 2005 for claiming various reliefs U/Sec.
18, 19 (b) and 22 of said Act.
2. In short it is case of applicant that, she owned and
possess Room No. G19, Jai Bharat Co. Op. Housing Society
Ltd. Joshi Estate, Near Saibaba Temple, Sunder Baug, Kurla
(W), Mumbai – 400 070, consisting of ground plus upper floor
well furnished out of her own funds. She purchased said room
from the funds, as she sold her one room, at Ghas Compound,
Behind Kamani Company, Kajupada, Kurla, Mumbai, for `.
35,00,000/ and out of that money she had purchased earlier
property. Her husband Pralhad Mukund Landge died
on11/12/2009. Respondent No. 1 is her son and No. 2 is her
daughterinlaw. Her another son residing separately from her
and she has let out the upper floor of room to her licensee by
executing the leave and licence agreement and out of the
compensation she is managing her day to day expenses.
Respondents failed to maintain her. At the instance of
respondent No. 2 she was subjected to cruelty, domestic
violence. Respondent No. 2 from time to time harassed her
on the issue of domestic work, threatened her for life,
threatened to file false case and putting her behind bars, one
attempt was made by her to burn herself. Thereafter,
applicant was abused and threatened by the respondents,
therefore, she lodged report on 31/05/2018 as well as on
01/07/2018 U/Sec. 504, 506 of Indian Penal Code. In spite of
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that domestic violence at the hands of respondents continued.
Respondent No. 1 earing `.40,000/ p.m., in spite of that not
maintain applicant, therefore, made this application for
restraining respondents from causing harassment, further
prayed for order to remove respondents from her house i.e.
Room No. G19, Jai Bharat Co. Op. Housing Society Ltd. Joshi
Estate, Near Saibaba Temple, Sunder Baug, Kurla (W),
Mumbai – 400 070 and compensation of `.5,00,000/ and cost
of `.10,000/.
3. Respondent No. 1 is her son and No. 2 is her
daughterinlaw. After the marriage of respondents were
staying together with her till 2013, marriage of respondent
No. 1 and 2 was love marriage, performed accordingly their
rituals and customs. Respondent No. 1 claimed `.1,60,000/
for his marriage reception, but did not return the same to the
applicant. They both are residing with her. Respondent No. 1
vacated premises but respondent No. 2 refused the same and
thereby committed domestic violence to the applicant on
various domestic issues as well as harassed her, given physical
and mental tortured, to which respondent No. 1 do not
responded, provoked respondent No. 2 for committing the
same, the same continued, therefore, applicant made
complaint from time to time to concern police station and at
last present application.
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4. Notices were issued upon respondents, were served
upon them. They refused to accept the notices. They
remained absent, hence, application proceeded exparte against
them.
5. Heard Ld. counsel Mr. Ramlal Khushwaha for
applicant, at length. I have gone through written notes of
argument submitted by Ld. Counsel for applicant. It is at
(Exh.7).
6. The point for my determination along with my
findings thereon along with reasons are, as follows.
SR. NO. POINTS FINDINGS
1 Whether applicant proves the
respondents have committed domestic
violence against her ?
Yes.
2 Whether the applicant is entitled for
reliefs, as she prayed ?
Partly Yes.
3 What order ? As per
final order.
R e a s o n s
As to Point Nos. 1 and 2 :
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7. In order to prove the case the applicant Mudrika
Prahlad Landge examined herself, as (A.W. No.1) at (Exh.5).
She closed her evidence by filing pursis, at (Exh.6).
8. If minutely read evidence of applicant Mudrika
Prahlad Landge (A.W. No.1) it reveals that, she has testified
the same facts, which were narrated in the application. The
sum and substance of her evidence disclosed that, she owned
and possessed the house, which she purchased from selling of
her previous house. Respondents who are her son and
daughterinlaw, subjected her to cruelty and domestic
violence, they threatened her for dire consequences, therefore,
she lodged report with concerned police station, but of no use.
9. Evidence of Mudrika (A.W. No.1) disclosed that
respondent No. 2 threatened her to implicate in false case, one
attempt of burn herself was made. Thereafter, also she was
also threatened and abused, therefore, applicant lodged report
in the police station.
10. The evidence of the applicant remained
unchallenged at the hands of respondents.
11. Considering these facts, same is required to be
accept the fact that, respondents have committed domestic
violence against applicant.
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12. Further, evidence of Mudrika (A.W. No.1)
disclosed that the respondents be restrained from committing
domestic violence as well as he removed from her house,
nothing is brought on record, on behalf of applicant to show
from selling of property, owned by her, she purchased the
present house. Further her evidence disclosed that, respondent
No. 1 and 2 residing in the same house, wherein she reside. In
what capacity respondent No. 1 and 2 are residing in same
house, being relative or prior to it, where they were resided is
not on record. Evidence of applicant is silent in that regard. It
appears that, applicant and respondents are residing in said
house jointly, further her evidence disclosed that, her husband
passed away.
13. If considered relations in between applicant and
respondents, it appears that they are residing together. In the
absent of cogent evidence with regard to exclusive ownership
of the applicant over the house, wherein respondents also
reside, it is difficult to consider prayer made by applicant for
directing them to remove from said house. Evidence of
applicant further disclosed that, criminal complaint were
registered U/Sec. 504, 506 of Indian Penal Code. In these
circumstances this fact, same remained unrebutted at the
hands of respondents, therefore, order for not to commit
domestic violence by the respondents against the applicant is
required to be passed.
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14. So far as compensation and cost is concern I am of
view that, there is no evidence in that regard, therefore, the
same cannot be considered. Considering all these aspects
above discussion I answer point No.1 and 2 in partly
affirmative.
AS TO POINT NO.3 :
15. In view of above discussion the application is
required to be allowed partly to the extent of relief of
protection order, rest of the reliefs are required to be rejected,
Accordingly I answer point No.3 and pass the following order.
O R D E R
i] The application is hereby partly allowed
ii] Respondent No. 1 Balaji Prahlad Landge and No.
2. Anuradha Balaji Landge are hereby restrained
from committing domestic violence against
applicant in the future.
iii] Rest of the prayers are hereby rejected.
iv] Copy of order be given to applicant free of cost.
v] Copy of oder be given to concern police station
wherein applicant resides.
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vi] Dictated in open Court and pronounced.
Date : 25/01/2019.
SRD.
Sd/
(R. M. Nelikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
Dictated on : 25/01/2019.
Transcribed on : 25/01/2019.
Signed on : 25/02/2019.
SRD.
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