Order 1

Pdf Text: 1 C. C. NO.316/DV/2018
Jyoti Kamble .... Petitioner
Vs
Prakash Kamble .... Respondent/s
ORDER BELOW INTERIM APPLICATION U/SEC 23 OF THE PROTECTION OF
WOMEN FROM DOMESTIC VIOLANCE ACT, 2005
1. By way of present interim petition, the petitioner lady claimed
interim relief/s.
Heard Ld counsels of both the sides.
2. According to the petitioner lady, she got married with
respondent on 15.05.2006. She is having one minor daughter. However,
she was subjected to various types of domestic violence.
3. Respondent submitted reply and strongly opposed the
application.
4. In this case, respondent is denying the relationship. However, he
has produced photographs vide Annexure A wherein petitioner lady is
appearing as his wife. In the photo, they have posed as husband and
wife. Further-more, as per bonafide certificate, it is found that name of
respondent is shown as father of said daughter. Adhar card indicates
that petitioner is shown as wife of respondent. Thus, documents
available on the record at this stage are going against the respondent
husband.
5. According to petitioner lady, she is not having any income.
Further her minor daughter is depending on her.
6. Respondent husband is denying the income and existence of
agricultural land as alleged. However, according to petitioner,
-- 1 of 3 --
2 C. C. NO.316/DV/2018
respondent is having income of agricultural land. In absence of
convincing documents it cannot be said that respondent is earning such
a huge amount i.e. Rs.40,000/-pm. In absence of any document, it is
necessary to do guess work in that regard which leads me to infer that
though not from higher side, but respondent is having reasonable
income.
7. DV Act is a social legislation. It is expected by law that when any
person prefers to get married then prior to that he must ensure that he
shall be able to maintain the wife & child.
8. It is the settled position of law that husband/father even if a
beggar or hermit or physically challenged person, the same cannot be a
ground to exonerate him from the responsibility of paying interim
maintenance etc to wife/child.
9. The petitioner lady submitted the application which is supported
by her affidavit, therefore, Ex-facie, it appears that petitioner wife was
subjected to domestic violence. So far as, the remaining other prayers
are concerned, the same will have to be decided after recording
evidence at the time of final judgment.
10. It is the settled position of law that after marriage income of
parents or brother of the wife cannot be considered in such cases. After
marriage, responsibility to maintain wife/child shifts on the shoulders of
husband/father.
11. So far as, quantum of maintenance is concern, there are two
ends. One is to award the same from higher side, the other one is to
award it from the lower side. However, in my humble view, court has to
strike balance between the said both the ends and to award
justifiable/reasonable interim maintenance.
-- 2 of 3 --
3 C. C. NO.316/DV/2018
Considering peculiar facts, circumstances, along-with liabilities &
evidence etc of the parties, petitioner wife (including child) is entitled
to reasonable interim maintenance. Therefore, in view of object of DV
Act, I proceed to pass following order in the interest of justice :-
O R D E R
1. The petition stands allowed, partly.
2. The respondent husband shall pay Rs.8,000/-pm interim
maintenance (inclusive of all) to the Petitioner wife & child, from the
date of this application.
3. Respondents are hereby restrained from causing any sort of
domestic violence to the petitioner lady & child in any manner.
4. Parties are at liberty to submit application for referrring
matter to the Mediation, for amicable settlement.
5. The above observations are preliminary in nature, the same
may vary during the final judgment, subject to proposed evidence.
6. Copy of this order be given to the parties free of costs vide
Sec.24 of the Act.
7. Petitioner lady to continue her custody over her child till
final disposal of this matter.
8. Respondent husband shall not transfer or create third party
interest in any manner on the immovable/movable properties standing
on the name of the same (if any), till final disposal of this matter.
9. Petitioner wife is at liberty to show copy of this order
before the concern Protection Officer/PSO, as and when required.
Sd/-
Dt : 19.07.2019. ( S.C. Pathare),
Metropolitan Magistrate,
ask 65th Court, Andheri, Mumbai.
-- 3 of 3 --