Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C. C. No. 207/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
C. C. No. 207/DV/2018
Lalita Dattaram Kamble ... Applicant
V/s.
Dattaram Vithoba Kamble + 5 ... Respondents
ORDER BELOW EXH. 02
1. This is an application filed by the applicant for getting
interim reliefs under the provision of Section 23 of the Protection of
Women From Domestic Violence Act, 2005 (for short 'the Act').
2. In brief, it is the case of the applicant that she got married
with respondent no. 1 on 10/05/1995 at Vileparle (East), Mumbai. At
the time of marriage respondent no. 1 was widower. Respondent no. 4
is motherinlaw and respondent nos. 2 and 5 are stepsons of the
applicant. Respondent no. 3 is wife of respondent no. 2 and respondent
no. 6 is wife of respondent no. 5. After marriage the applicant treated
respondent nos. 2 and 5 as her own sons. After marriage respondent
no. 4 used to instigate respondent no. 1 against the applicant and
respondent no. 1 used to abuse and assault the applicant. On number
of occasions respondent nos. 1 and 4 driven out the applicant from her
matrimonial place and she was forced to take shelter at her parental
place. Respondent no. 1 had purchased room no. A405, Navjivan Ekta
Cooperative Housing Society, Jogeshwari (West), Mumbai. Respondent
nos. 1, 2, 4 and 5 started to reside in the said room. The applicant was
doing the work of Homework company and she used to save money and
she has purchased one room from Hutment Dweller. The applicant is
absolute owner of the said room. Respondent no. 1 without her
-- 1 of 5 --
2 C. C. No. 207/DV/2018
consent has let out said room to licensee and he is appropriating the
rent. The respondents have join hands with the each other and they
have illtreated the applicant. On many occasions the respondents
abused and assaulted the applicant. The applicant from time to time
reported the matter to police. The respondents are threatening to
remove the applicant from her matrimonial house A405, Navjivan Ekta
Cooperative Housing Society, Jogeshwari (West), Mumbai (For short
'the matrimonial home'). The applicant has no source of income.
Hence, this application.
3. The respondents resisted the application by filing their
reply (Exh. 03). Admittedly, the applicant is wife of respondent no. 1.
The respondents have denied all the adverse allegations made against
them. It is the case of the respondents that initially the married life of
the applicant and respondent no. 1 was going on smoothly. Thereafter
sister of the applicant started to interfere in the life of the applicant.
On the instigation of her sister the applicant started to insist respondent
no. 1 to stay separately from his parents. Thereafter respondent no. 1
decided to live separately with the applicant just to please her.
However, thereafter also the applicant continued to cause trouble to
respondent no. 1. The main problem was that the applicant was
following the illadvise given by her sister. The applicant used to
threaten respondent no. 1 that she will commit suicide if her demands
are not fulfilled. With the help of his father and by selling his old room
premises, respondent no. 1 acquired two flats i.e. Flat No. A404 and A
405, Navjivan Ekta Cooperative Housing Society, Jogeshwari (West),
Mumbai and he started to reside in said adjacent flats with his sons and
the applicant. Thereafter respondent no. 1 gave Flat No. A404 on
leave and license basis as he was facing difficulty to meet the day to day
expenses. After the death of his father when respondent no. 1 brought
-- 2 of 5 --
3 C. C. No. 207/DV/2018
his mother to reside with him, the applicant started raising quarrels.
After marriage of respondent no. 2 the applicant raised big quarrel in
the house. Due to harassment of the applicant respondent no. 2 took
one another room on leave and license basis for his stay. Thereafter
also on many occasions the applicant quarreled with the respondents
and she also left the house and went to reside with her sister.
Respondent no. 1 is residing in one flat and he has given another flat on
leave and license basis. Respondent no. 1 is managing his day to day
affair only on the income of license fee of Rs. 10,000/. The
respondents have never illtreated the applicant . All the allegations of
the applicant are false. Hence, the application may be rejected.
4. I have gone through the record. The case is at initial stage.
Both parties have made several allegations against each other. Those
allegations may be inquired into at the time of trial. The allegations of
the applicant is supported her affidavit. The F.I.R. lodged by the
applicant against respondent no. 1 also supports her allegations. At this
stage I do not find any reason to disbelieve the case of the applicant.
Respondent no. 1 also failed to show any convincing reason for making
false allegations against him by the applicant. The allegations made by
the applicant primafacie shows that the applicant is victim of domestic
violence. Therefore, the applicant is certainly entitled for appropriate
and necessary interim reliefs under the provisions the Act.
5. The applicant has prayed that the respondents be
restrained from causing any harassment to her. As stated above, the
record primafacie shows that the applicant is victim of the domestic
violence. Therefore, the applicant is certainty entitled for the
protection order against respondent no. 1, as prayed.
-- 3 of 5 --
4 C. C. No. 207/DV/2018
6. The applicant has prayed that respondent no. 1 be directed
to pay Rs. 40,000/ per month to her towards interim maintenance.
The applicant submitted that she has no source of income. Respondent
no. 1 is working as site supervisor and also as estate agent and he is
earning Rs. 75,000/ per month. On the contrary, the respondents
submitted that only income of respondent no. 1 is Rs. 10,000/ per
month, which he is getting as license fee of the flat. Respondent no. 1
is any how managing his day to day affair with this amount. I have
heard both the parties in person and their advocates. As per
submissions of both parties before the court, admittedly, since last 2
years the applicant is staying at the house of her mother. As stated
above, the record primafacie shows that the applicant is victim of
domestic violence. It is not the case of respondents that at present the
applicant is working and earning. In the circumstances, it is the legal
and moral duty of respondent no. 1 to give reasonable amount to the
applicant towards interim maintenance of the applicant. There is no
any evidence on record at this stage regarding the income of
respondent no. 1. In the circumstances, considering the status of the
parties which appears from the record it would be proper to direct
respondent no. 1 to pay Rs. 4,000/ per month to the applicant for her
maintenance, from the date of the application till disposal of the case.
7. The applicant has also prayed that the respondents be
ordered not to dispossess the applicant from her matrimonial home.
The applicant submitted that the respondents are threatening the
applicant to remove her from her matrimonial home. I have heard both
the parties in person and their advocates. Admittedly the applicant is
not staying in the house claimed by her as her matrimonial home.
Therefore there is no question of restraining the respondents from
dispossessing her.
-- 4 of 5 --
5 C. C. No. 207/DV/2018
8. In her application the applicant has also prayed for
directing respondent no. 1 to return her gold ornaments. I am of the
considered view that said relief is not considerable at this stage. It may
be decided at the time of final hearing on the basis of the evidence
adduced by the parties. In the result, the application is liable to be
partly allowed. Hence, the order.
ORDER
1. The application is partly allowed.
2. Respondent no. 1 is restrained from committing any act of
domestic violence against the applicant.
3. Respondent no. 1 shall pay Rs. 4,000/ per month to the
applicant for her maintenance from the date of the application till
disposal of the case.
4. Costs in the cause.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 22/01/2020 Andheri, Mumbai.
-- 5 of 5 --