Interim Order 1

Order Details: Order below Ex-1
Pdf Text: C. C. No. 264 / DV / 2018.
ORDER BELOW EXH. 3
(Passed on 17.12.2019)
Through this application, the applicant Mrs. Asiya Sultana
Sirajuddin Shaikh has approached this Court seeking interim relief
in the form of Rs.15,000/- per month as interim maintenance for
herself and Rs.5,000/- per month for her son. The applicant has
quoted various instances of domestic violation against respondents.
She has annexed copy of Police complaint, copy of various non-
cognizable complaints, medical papers, marriage invitation card,
marriage photograph, copy of FIR and birth certificate of her son.
She has requested for grant of her application.
2 The respondents appeared and contested the claim of
applicant by filing reply at Exh.7. The respondents have denied
each and every allegations of applicant classifying it to be false and
imaginary. Conversely, it is contended by respondents that
applicant has voluntarily left her matrimonial home with all her
belongings. The respondents have filed copy of divorce issued by
Qazi Shariyat and copy of FIR lodged against them. They have
requested for rejection of this application.
3 I have heard Ld. Advocates for both sides at length. I have
perused the pleadings of both parties very minutely and carefully. I
have gone through the documents relied upon by both parties. I
have also perused the domestic incident report filed by Protection
Officer.
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4 From the combined perusal of application, reply and
documents annexed on record, it is evident that applicant is wife of
respondent no.1 having one minor son. Though respondent has
claimed about pronouncement of divorce, however, it has to be
proved as per law. Noticeably, both parties have made rival claims
against each other in respect of errors in leading matrimonial life.
Comparing the claims of both parties, the case of applicant appears
to be at higher pedestal. Furthermore, the claim of applicant about
domestic violence is supported and corroborated by Protection
Officer through his domestic incident report. Additionally, copy of
Police complaint, FIR, various NCs and medical papers also
corroborates the claim of applicant. As such the material adduced
by applicant and supported by Protection Officer is sufficient to
consider applicant as aggrieved person in purview of object of
PWDV Act. Thus, on the basis of material placed on record,
domestic incident report and other documents, I am satisfied to
held that applicant has been subjected to domestic violence by
respondents. Accordingly, respondents are directed not to commit
similar kind of domestic violence with applicant in future.
5 Coming to the relief claimed by applicant, it is pertinent to
mention here that the applicant has demanded Rs.20,000/- per
month for herself and her minor son. In respect of income of
respondent no.1, the applicant has quoted by respondent no.1 is
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working as Manager in Shahjadi Electronics and earning
Rs.50,000/- per month. Though this is the position, but, applicant
has not annexed any legal proof to substantiate this income of
respondent no.1. Likewise, respondent no.1 has simply quoted that
he is earning Rs.8,000/- per month and having other
responsibilities. Having considered the position, neither party has
furnished legal proof of income on record, therefore, this Court has
to go by guess work. Admittedly, applicant is unable to maintain
herself and minor son. The respondent no.1is having social, moral
and legal responsibility to maintain wife and son and by
contending minimum income would not absolved his liability. As
applicant and respondent have furnished different figure of
income, therefore, their submissions cannot be relied upon.
Similarly, considering common minimum income of respondent
no.1, the amount claimed by applicant prima facie appears to be
exorbitant. Though respondent no.1 has quoted about minimum
income of Rs.8,000/- per month, however, to maintain wife and
minor son, he may increase his income by exerting more. Thus,
keeping in view the financial position of respondent no.1, status of
applicant and their minor son, I am of the opinion that an amount
of Rs.7,000/- per month for applicant and her son will be well
justified and it will not cause any hardship to respondents to
sustain the said legal obligation. Hence, I am satisfied to partly
allow this application through following order -
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: O R D E R :
i The application is partly allowed.
ii All the respondents are directed not to commit any domestic
violence towards applicant, in the future.
iii The respondent no.1 Sirajuddin Sarmuddin Shaikh is
directed to pay Rs.7,000/- (Rupees Seven Thousands) per month
to the applicant and her son as interim maintenance since filing of
application till the conclusion of the trial.
iv The rest of reliefs of applicant will be adjudicated after trial.
v Copy of this order be provided free of cost to both the
parties.
Dt : 17.12.2019 (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai
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