Interim Order 1

Pdf Text: 1 C. C. NO.255/DV/2018
Pooja Gyanchandra Mourya
.... The petitioner
Vs
Gnyanchandra Mourya .... The respondent
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 counsel of petitioner and respondent in person.
2. According to the petitioner lady, she got married with
respondent on 11. 02.2017. However, she was subjected to various
types of domestic violence.
3. Respondent remains present on most of the dates but repeatedly
clarified that he does not want to reply the matter in writing.
4. The relationship between the parties is admitted. It is admitted
position that respondent is physically well built. It is admitted position
that presently respondent husband is staying at Mumbra whereas
petitioner wife is residing at her parents home.
5. According to petitioner lady, she is not having any income.
Orally respondent says that petitioner who is graduate and having
income but he has not produced such reliable evidence in that regard.
6. According to her, respondent is working with Print World Private
Limited and thereby earns Rs.50,000/ pm. However she is unable to
produce such convincing document. In such cases, generally, it is the
duty of respondent husband to produce documents of own income. As
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there is absence of documentary evidence, this court has to decide his
income by doing the guess work. Considering facts and circumstances
of this case and material on record, it goes to show that though he is
not having income from such higher side but the same is having
reasonable income.
7. 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.
8. 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.
9. The petitioner lady submitted the application which is supported
by her affidavit, therefore, Exfacie, it appears that petitioner wife was
subjected to domestic violence. So far as, the remaining other prayers
are concerned, the same will have to be decided after recording
evidence at the time of final judgment.
10. It is the settled position of law that after marriage income of
parents or brother of the wife cannot be considered in such cases. After
marriage, responsibility to maintain wife shifts on the shoulders of
husband.
11. 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 &
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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.8,000/pm interim
maintenance (inclusive of all) to the Petitioner wife from the date of
this application.
3. Respondent is 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. Respondent shall not transfer or create third party interest
in any manner on the immovable/movable properties standing on the
name of the same (if any), till final disposal of this matter.
8. Petitioner wife is at liberty to show copy of this order
before the concern Protection Officer/PSO, as and when required.
Sd/
Dt : 16.07.2019. ( S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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