Interim Order 6

Order Details: Order
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IN THE COURT OF METROPOLITAN MAGISTRATE,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.285/DV/2018
Indu Dilip Chaudhary … Applicant
V/s
Dilip Gova Chaudhary & Ors., … Respondents
ORDER ON EXH.NO.21
(Passed on 18/04/2024)
The applicant in whose favour the interim maintenance
amount of RS.20,000/ per month was granted on 15/05/2019 by this
Court, has moved the application under section 22 of the Protection of
Women from Domestic Violence Act and thereby sought the lumpsum
compensation amount to the tune of Rs. 50,00,000/ on the ground that
she was subjected to domestic violence since the inception of her
marriage. It is alleged that the respondent performed second marriage
and deserted the applicant and her daughter. It is contended that the
respondent who is her husband, did not provide maintenance amount
to her and her daughter since last 11 years and therefore, both the
applicant and her daughter are facing economic crises.
2. According to the applicant, when she had been to the house
of the respondent i.e. her matrimonial shared house, the respondent
caused her injury and humiliated to her. According to the applicant,
due to physical violence committed by the respondent her pregnancy
was miscarriaged and she suffered health problems. It is the stand of
the applicant that the respondent has sufficient means to provide
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maintenance to the applicant and her daughter. According to her, the
respondent has family business of importing garments. He has
ancestral property including agricultural land. However, the
respondent concealed this facts and avoided to pay the due
maintenance. According to her, she is jobless lady who has to feed her
daughter. Thus, it is the stand of the applicant that she has no source
of income to maintain herself and her daughter. On the other hand,
the respondent has sufficient means of income and therefore, she has
claimed the lumpsum compensation amount to the tune of
Rs.50,00,000/ by way of this application.
3. Per contra, the respondent denied the claim of the
applicant on the ground that the applicant was having affair with
another person and her family forced her to marry with him. It is the
stand of the respondent that the applicant did not perform her
matrimonial duties and he was deserted. According to the respondent,
he has been paying the school fees of his daughter regularly and he is
not capable to pay the lumpsum compensation amount as sought by the
applicant.
4. Having heard the learned advocates for both the sides, I
perused the record.
5. At the outset, it is pertinent to note here that this Court
granted interim maintenance amount to the tune of Rs.20,000/ per
month to the applicant and Rs.5,000/ per month to her daughter. The
appeal filed by the respondent against this order was dismissed. Thus,
at this juncture it can be concluded that the order passed by this Court
regarding the interim maintenance is in force. The record shows that
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the respondent has not paid any single pai towards the maintenance
amount. Moreover, it has been brought on record that the respondent
was convicted for the offence punishable under section 498 (A), 494,
323, 504, 114 of Indian Penal Code. Thus, prima facie it appears that
the relations between the applicant and the respondent are strained.
Moreover, the applicant and her daughter are living separate from the
respondent.
6. The applicant has specifically given the details about the
immovable property which is owned and possessed by the respondent.
The respondent has not specifically denied this fact. Moreover, the
respondent has not furnished his affidavit of assets and liabilities. In
such circumstances, the financial capacity of the respondent as pointed
by the applicant can be taken into consideration. In short, it can be
concluded that the respondent has sufficient means to provide the
maintenance to the applicant and her daughter.
7. In view of section 22 of the Protection of Women from
Domestic Violence Act, this Court is empowered to direct the
respondent to pay the compensation and damages for injuries, including
mental torture and emotional stress caused by the acts domestic
violence committed by the respondent in addition to other reliefs as
may be granted under this Act. In the instant case, the applicant is an
aggrieved person who has stated on oath that the respondent not only
gave physical abuses to her but also the respondent ill treated her and
she was deserted. Thus, prima facie it appears that there is substance in
this application.
8. Though the applicant has claimed the lumpsum
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compensation to the tune of Rs50,00,000/ from the respondent, yet
she has not filed any relevant document on record to establish that the
respondent is capable to pay such lumpsum amount. However, having
regard to the facts and circumstances and the conduct of the
respondent, I am inclined to pass the following order:
ORDER
1 The application is partly allowed.
2 The respondent is directed to pay Rs.20,00,000/ (Rupees
Twenty Lakh Only) to the applicant as the compensation
under section 22 of the Protection of Women from
Domestic Violence Act.
3. Copy of this order be supplied to the parties at free of cost.
Sd/
( Sujitkumar C. Tayde )
Metropolitan Magistrate,
Date : 18/04/2024 44 th Court, Andheri, Mumbai.
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