Interim Order 1

Pdf Text: C. C. No. : 189 /DV/2018 ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. : 189 /DV/2018.
Shabnam Irshad Ahmed Manihar. … Applicant.
V/s.
Irshad Ahmed Manihar and 4 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 both the parties, at length.
2. It reveals that, the applicant has made this
application for grant of interim reliefs.
3. The relations in between applicant and respondent
are not in dispute. 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, they have one issue. It is also
not disputed fact that, at present applicant residing at her
parents house, respondent residing alongwith his family. It is
admitted fact that, respondent No. 1 is earning `.8,000/. The
only dispute is that, whether respondents have committed
domestic violence against applicant or it is applicant, who
herself residing at her parents house.
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4. In short it is case of the applicant that, she was
subjected to cruelty by the respondents, so also domestic
violence on account of minor issues, same has been tolerated,
assumed in future same will be sort, but of no use. She made
best efforts for cohabitation but respondent denied,
committed domestic violence which compelled applicant to
reside at her parents house. She is housewife, not having any
source of income, unable to maintain herself and presently
living at her parents house with her minor daughter.
Respondent No.1 is an agent and contractor in Building and
earning `.25,000/ p.m. She stated that, she is in need of
maintenance, hence, prayed for maintenance of `.15,000/
p.m. for her, `.3,000/ p.m. to her daughter, prayed to
restrain respondents to alienate any assets used or held or
enjoyed by both the parties jointly including her stridhan or
any property, also prayed to restrain respondents from
alienating or disposing off the shared household or
encumbering the same i.e. Room No. 1, Khairani Road, Aziz
compound, Sabira Begum Estate, Sakinaka, Mumbai 72 and
restraining the respondent No. 1 from relinquishing his right
in shares household and immovable property in Jaunpur,
prayed for alternate accommodation or rent equivalent to
same, as well as protection order.
5. Respondents in their say at (Exh.5) denied all the
allegations, levelled by the applicant in respect of domestic
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violence. Respondent No.1 came with a case that, it is
applicant who herself as per her own wimps and wish on
account of demand of separate residence, deserted him. He
resides with his parents and brother. 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 best efforts for cohabitation,
but of no use. They not drove her out of house. He stated
that, allegations made by applicant are false. Further,
submitted that, he is earning near about `.8,000/, at the time
of marriage, but at present he is jobless, lastly prayed to reject
the application.
6. Ld. counsel for applicant submitted that, material
available on record disclosed domestic violence at the hands
of respondents, complaints in that regard made, efforts to
conciliation made, but of no use, at last made this application.
7. Ld. counsel for respondents argued that, if gone
through material available on record there is nothing to show
domestic violence at the hands of respondents.
8. If considered the submissions made by Ld. counsels
for both the parties, allegations levelled against each others,
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undisputed fact, and fact of lodging report and making
complaint and thereafter, filing this petition, all these goes to
show, unless there is violence at the hands of respondents,
there is no reason to applicant to reside at her parents house,
unless she was subjected to domestic violence. As she was
subjected for the same therefore residing separately from
respondent.
9. If considered source of income 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 `.25,000/ p.m., same is denied by the respondent,
stated that, at the time of marriage he was earning `.8,000/
and at present he is jobless, but nothing in that regard is on
record. In view of section 106 of Indian Evidence Act, the
responsibility cast upon the respondent to disclose his income,
but he is not done so, hence, statement made by Ld. counsel
for respondent is of no use, same is not accepted. If
considered prayer of applicant and the fact that respondent is
maintaining his family and he is under obligation to maintain
his wife and child also, I am of view that, applicant is in need
of maintenance, question raised to what extent. If considered
source of income of respondent No.1, requirements and
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C. C. No. : 189 /DV/2018 ~5~
needs of applicant and her child amount of `.12,000/ p.m. is
sufficient for maintenance of applicant and her child.
10. Further, respondents are required to restrain from
committing any kind of domestic violence in future to
applicant and her child, at the place, where they resides or
applicant work. Accordingly, I pass following order.
O R D E R
1 The application for interim maintenance (Exh.
4), is hereby partly allowed, as under :
i] Respondent No.1. Irshad Ahmed Manihar do
pay the amount of `.12,000/ ( `.Twelve
Thousand Only) p.m. to applicant and her child,
towards interim maintenance, from the date of
filing of present application, till disposal of main
application.
ii] Respondents are hereby restrained from
committing domestic violence against the
applicant and her child in the future.
iii] Copy of order be given to both the parties free of
cost.
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iv] Copy of this order be sent to P.I. of concern
police station, within whose jurisdiction the
applicant resides.
Mumbai.
Dated : 15/11/2018.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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