Final Order 1

Order Details: Order
Pdf Text: JUDGMENT 1 C.C. NO.273/DV/2018
MHMM190093662018
Presented on : 19.09.2018
Registered on : 19.09.2018
Decided on : 26.08.2024
Duration : 05Y 11M 07D
Exh. No.
BEFORE THE ADDIL. CHIEF JUDICIAL MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
(Presided Over by J. W. Gaikw ad)
C.C.No. 273/DV/2018
Mrs. Shazia Shahnawaz Mirza
(maiden name Miss. Shazia Mohsin Alam)
Age : 34 years, Occupation:Housewife
R/at : Room No.7, Road No.2
Paras C.H.S. Ltd., near Dr. Lalit Church
Pakhadi Road, Sahar Village,
Andheri(E), Mumbai – 400 099. : .…. Applicant
V/s.
1) Mr. Shahnawaz Rafiq Miya Mirza
Age : 31 years, Occupation : Business
2) Mrs. Anees Rafiq Fatima
Age : 55 years, Occupation : Housewife
3) Mrs. Seemabano Nazafail
Age : 53 years, Occupation : Housewife
: ….. Respondents
All are r/o 546/646/005, near Daddy Cool Corner, Belanganj, Lucknow,
Uttar Pradesh.
APPEARANCE :-
Ld. Counsel Elvis Llovo Netto for Applicant.
Ld. Counsel Mr. Mohammad Qais for respondents
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JUDGMENT 2 C.C. NO.273/DV/2018
APPLICATION UNDER SECTIONS 12, 17, 18, 19, 20, 22 & 23 OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
J U D G M E N T
(Delivered on 26.08.2024)
1 Respondent No.1 is the husband of applicant and
respondent No.2 is her mother-in-law and respondent No.3 is her sister-
in-law. The marriage between applicant and respondent No.1 was
solemnized on 26.10.2008. After marriage she went to her matrimonial
house for cohabitation at Lucknow. During co-habitation the behaviour
of respondents against the applicant went normal for a very short
period and afterwards the respondents started showing their real colour
against applicant. Respondents started harassing her. During
cohabitation they deliberately retained with them her passport, PAN
card and other documents of the applicant along with her jewelries,
clothes, utensils. In the meantime the applicant became pregnant and
while pregnancy she was subjected to domestic violence by pressurizing
herself to bring a dowry of Rs.15,00,000/- from her parental home to
renovate matrimonial home in Lucknow. When the applicant shown her
incapability the respondents started harassing her and ill-treated her
and compelled her either to fulfill their demand or quit the matrimonial
home.
2. It is further contended by her that, the respondents
expelled her out of the matrimonial home. She delivered a female child
on 26.10.2008 at Mumbai and the entire expenses were incurred by her
parents, on the contrary respondents never pay a single penny or care
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JUDGMENT 3 C.C. NO.273/DV/2018
to see applicant and her daughter. The respondents strictly refused to
take applicant back in the matrimonial home. The parents of applicant
purchased separate accommodation in the name of applicant at
Lucknow and during co-habitation respondent No.1 again started
torturing applicant by not providing basic need and money exposing her
to economical abuse. On various occasions respondents raised hand on
her and in this regard finally applicant lodged a N.C. complaint on
05.08.2018 in Thakurganj Police Station, Lucknow against the
respondent. The applicant was also threatened by respondents that
they intended to remarry the respondent No.1 with someone else. They
also took custody of minor daughter and after efforts through
concerned Police Station she succeeded to get custody of her minor
daughter back. The respondents have also locked the newly purchased
accommodation of applicant forcibly by detaining her valuables, clothes
and other articles therein.
3. According to the applicant she has no source of income to
maintain her and the minor daughter. On the other hand the
respondent No.1 is running an electronic shop and does repairing work
of electronic appliances and earns Rs. 40,000/- p.m. from the business.
He has deliberately neglected applicant and her daughter and they are
running short of means to maintain themselves. Therefore, on the
count of series of domestic violence, the applicant and her daughter
deserves beneficial interest in the shared household, protection,
compensation and maintenance from the respondents.
4. The respondent was served with notice, but failed to
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JUDGMENT 4 C.C. NO.273/DV/2018
appear before Court and the matter was proceeded ex-parte.
5. Considering the submissions of applicant following points
arise for my determination and I record my findings thereon with
reason thereof :-
POINTS FINDINGS
1) Does the applicant prove that,
respondents committed domestic
violence against her? :
Yes.
2) Does applicant entitled to
maintenance, if yes to what
extent?
: Maintenance @ Rs.15,000/-
per month
3) What order? : Application is partly
allowed.
-: R E A S O N S :-
POINT Nos. 1 to 3 :-
6. Perused the record. Heard Ld. Advocate for the applicant.
The applicant testified vide Exh-2 that she is legally wedded wife of
respondent No.1. From the wed-lock she gave birth to a female child by
name Zehra Shahnawaz Mirza, she is presently 15 years old. After
marriage she went to Lucknow to her matrimonial place where she
resided in joint family. Other respondents used to instigate her husband
and on instigation they used to physically and verbally abuse her. They
started demanding Rs.15,00,000/- for raising second floor on existing
building at Lucknow. When she shown her incapability to meet the
demand, she was physically harassed and expelled from house. She
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JUDGMENT 5 C.C. NO.273/DV/2018
even delivered her child at Mumbai on the expenses of her parents and
even after delivering the child they were not keen to take her back. She
anyhow managed to go back, but again was mentally and physically
harassed. Even she was compelled to file her report at Police Station on
05.08.2018.
7. In order to see their daughter happy, the parents of the
applicant purchased separate accommodation for her at Lucknow itself,
so that she could live happily with her husband and daughter too. But
the things were not normal, respondent No.1 without any reason used
to indulge in a row and was not providing basic needs to her and even
not giving financial aid, thereby exposing her to economical abuse.
8. The respondent No.1 is running an electronic shop and also
does repairing work of electronic appliances and earns around
Rs.40,000/- p.m. The entire testimony of the applicant went
unchallenged. There is no reason to disbelieve the testimony of the
applicant. Even there are instances showing mental and physical abuse
to applicant. The report placed on record is sufficient to gather a fact
that she has undergone domestic violence at the hands of respondents.
Record shows that the ex-parte ad-interim maintenance amount was
also granted and respondent No.1 was directed to pay her interim
maintenance. Despite direction the respondent failed to comply the
order, which itself shows that the respondent No.1 indulged in
economic abuse towards applicant. Therefore, the oral evidence
clubbed with documentary evidence is sufficient to answer all the points
in the affirmative. Since the respondent No.1 is having source of
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JUDGMENT 6 C.C. NO.273/DV/2018
income as he runs an electronic shop, therefore he is capable enough to
maintain his wife and the child. Looking to the status of the parties,
maintenance of Rs. 15,000/- per month from the date of the petition
will subserve the purpose. Hence, following order :-
O R D E R
1. The petition is partly allowed.
2. The respondents are hereby prohibited from committing any
sort of domestic violence upon applicant.
3. The respondent No.1 shall pay Rs.15,000/- per month
maintenance to the applicant from the date of filing of the
petition.
4. The order of interim maintenance is merged with the final
order.
5. Any payment made in compliance to the interim order shall be
adjusted while considering the final maintenance order, from
the date of application.
6. The copy of judgment shall also be forwarded to local Police
Station as well as Protection Officer.
(Judgment dictated on dais and pronounced in open court).
Sd/-
Date.:- 26.08.2024
(J. W. Gaikwad)
Addl. Chief Judicial Magistrate
22nd Court, Andheri, Mumbai
csj
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