Interim Order 1

Pdf Text: C. C. No. : 182 /DV/2018 ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 182 /DV/2018.
Sanika Sandeep More. … Applicant.
V/s.
Sandeep Kashiram More and 3 Ors. … Respondents.
ORDER BELOW APPLICATION (EXH.4 )
FOR INTERIM RELIEFS
Read the application, say of the respondents,
documents filed by the applicant and the respondents. Heard
Ld. counsels for applicant and perused written notes of
argument submitted by respondents.
2. It reveals that, the applicant has made this
application for grant of interim reliefs.
3. The relations in between applicant and respondents
are not in dispute. It is also not disputed fact that, they be
gotten two daughters from said wedlock. 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 filed NC against respondents. It is also not
disputed fact that, at present applicant residing at her parents
house. It is also not disputed fact that, applicant is working
and earning `.8,500/ p.m. There is dispute in between
-- 1 of 7 --
C. C. No. : 182 /DV/2018 ~2~
parties, question arises, who is responsible for it. The only
dispute is that, whether respondents have committed domestic
violence against applicant or it is applicant, who herself
residing at her parents house.
4. In short it is case of the applicant that, she was
subjected to cruelty by the respondents, so also domestic
violence suspiciously her character, same has been tolerated,
assumed in future same will be sort, but of no use. She made
her best efforts for cohabitation but respondent denied,
committed domestic violence which compelled applicant to
reside at her parents house. She is working and earing
`.8,500/ p.m., but unable to maintain herself and her
daughters and presently living at rented house. Respondent
No.1 is working, as Assistant with Welspun India Ltd. and
earning `.20,000/ p.m., as well as received `.2,000/ as rent
from Vasai house. She stated that, she is in need of
maintenance, hence, prayed for maintenance of `.15,000/
p.m. for her and her daughters, prayed to direct respondent
No. 1 to hand over possession of Room No. 15, Mangalmurti
Chawl, Mouje Umelmangaav, Near Hanuman Mandir, Vasai to
her, prayed to direct respondent No. 1 to pay regular
education expenses of daughters, prayed to direct respondent
No. 1 to reimburse `.25,780/ paid by her, prayed to direct
respondent No. 1 to restrain respondent, his agents, servant,
-- 2 of 7 --
C. C. No. : 182 /DV/2018 ~3~
assignees, executors, from creating third party right in respect
of house i.e. 3/8, Navnath Chawl, Ram Nagar, Duck Line,
Tembipada, Bhandup (W), Mumbai78, in any manner
whatsoever by way of executing, sale deed, mortgage, leave
and license, rent agreement, any other document in any other
person other than her.
5. Respondents in their say (Exh.8) denied all the
allegations, levelled by the applicant in respect of domestic
violence. Respondent No.1 came with a case that, it is
applicant, who herself as per her own wish and wimps 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
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 have not
subjected applicant to cruelty nor drove her out of house. He
stated that, allegations made by applicant are false. Further he
submitted that, applicant is earning more than `. 12,000/
p.m. and he is working on daily wages, his old parents are
depends upon him, lastly prayed to reject the application.
-- 3 of 7 --
C. C. No. : 182 /DV/2018 ~4~
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 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
i.e. applicant. It is submitted by applicant that, respondent is
earning `.20,000/ p.m., same is denied by the respondent
No.1, stated that, he is working on daily wages basis, but
applicant submitted payment slip issued by Welspun India
Ltd., for the month of September 2018, on record, shows net
salary `.18,137/ of respondent No. 1. If read section 106 of
Indian Evidence Act, respondent has to disclose those facts,
which are within his knowledge, but he is not done so, hence,
submission in that regard made by Ld. counsel for respondent
cannot be accepted. It appears that, the submission made by
the respondent No. 1 this juncture found to be unbelievable,
-- 4 of 7 --
C. C. No. : 182 /DV/2018 ~5~
because without earning any income how he maintain his
family. If considered prayer of applicant and the fact that
respondent is maintaining his family and he 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 respondent No.1, requirements and
needs of applicant amount of `.6,000/ p.m. is sufficient for
her maintenance.
8. So far as relief with regard to residence, it appears
that, applicant at present residing at her parents house,
therefore prayer for same cannot be granted. Further,
respondents are required to restrain from creating any kind of
domestic violence in future to applicant at the place, where
she resides or work. Accordingly, I pass following order.
O R D E R
1 The application of applicant viz.Sanika
Sandeep More, for interim maintenance (Exh.
4), is hereby partly allowed, as under :
i] Respondent No.1.Sandeep Kashiram More do
pay the amount of `.6,000/ ( `.Seven
Thousand Only) p.m. to applicant and her
daughter collectively, towards interim
-- 5 of 7 --
C. C. No. : 182 /DV/2018 ~6~
maintenance, from the date of filing of present
application, till disposal of main application.
ii] Respondents are hereby directed not through
their agents, servant, assignees, executors,
from creating third party right in respect of
house i.e. 3/8, Navnath Chawl, Ram Nagar,
Duck Line, Tembipada, Bhandup (W),
Mumbai78, in any manner whatsoever by way
of executing, sale deed, mortgage, leave and
license, rent agreement, any other document
in any other person other than applicant.
iii] Respondents are hereby directed not to create
third party interest in respect of room No. 15,
Mangalmurti Chawl, Mouje Umelmangaav,
Near Hanuman Mandir, Vasai.
iv] Respondents are hereby restrained from
committing domestic violence against the
applicant in the future.
v] Copy of order be given to both the parties free
of cost.
-- 6 of 7 --
C. C. No. : 182 /DV/2018 ~7~
vi] Copy of this order be sent to P.I. of concern
police station, within whose jurisdiction the
applicant resides.
Mumbai.
Dated : 17/12/2018.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
-- 7 of 7 --