Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C. C. NO.2200329/DV/2018
IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22ND COURT, ANDHERI, MUMBAI.
C.C. NO. 2200329/DV/2018
Mrs. Kausar Shaikh ... Applicant
V/s.
Mr. Rameez Shaikh & others ... Respondents
ORDER BELOW INTERIM APPLICATION DATED 03112018
U/SEC 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC
VIOLANCE ACT, 2005
1. By way of present application dated 03112018, the
petitioner lady claimed interim reliefs.
2. Heard Ld. Counsel of both the parties. Perused documents.
3. According to the petitioner lady, she got married with
respondent No.1 on 02092013 . She is having two children. However,
she was subjected to various types of domestic violence.
4. Respondents submitted reply and strongly opposed the
application.
5. In this case, relationship between the parties is not
disputed. It is also admitted that presently petitioner wife is staying at
her parents' home alongwith said children.
6. On behalf of petitioner it is argued that she is not having
any income or property on her name, therefore, she is not able to
maintain herself and her two children. Per contra, despite sufficient
income respondent No.1 refused and neglected petitioner and her
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children.
7. According to petitioner, respondent husband is a squash
player and professional coach, etc. Respondent and his family are
having squash company. In the written reply respondent No.1 admitted
that he works as Assistant of Sports Coach and depending on
availability he gets Rs.8,000/ per month. Respondent is able bodied
person and involved in sports activities. Respondent relied on the
certificate issued by School of Squash dated 12032019 issued by
Joginder Singh stating that he works on daily basis as Assistant Squash
Coach and gets Rs.350/ per day including breakfast and lunch.
However, according to applicant, respondent himself is Chief Coach and
earns handsome amount. Applicant produced Google search report in
that regard showing that respondent husband is Chief Coach. Applicant
produced various photographs showing that respondent is playing,
standing with different vehicles in nice costumes. According to
applicant, in one photograph respondent is standing with a lady.
Applicant produced application made by respondent No.1 to the
Manager of Celebration Club disclosing his charges as squash coaching
per member. Those are varying from Rs.5,000/ to Rs. 9,000/ per
student. At this stage prior to chief and crossexamination it is not
permissible and proper to declare any document as genuine and the
other one as false. However, perusal of the material relied by the
applicant it is crystal clear that respondent is able bodied sport person
and leading good life by doing job in sport activities. Possibility of
having multiple jobs also cannot be ruled out. Therefore, in view of
these peculiarities I have no option than to decide his income on the
basis of guesswork.
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8. DV Act is a social legislation. It is expected by law that
when any male person prefers to get married, then prior to that he must
ensure that he shall be able to maintain the wife & children. Therefore,
I have to presume that he is having sufficient means.
9. It is the settled position of law that husband/father even if
a jobless person, 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/children.
10. The petitioner lady submitted the application which is
supported by her affidavit(dated 03112018) therefore, Exfacie, it
appears that petitioner wife was subjected to domestic violence. So far
as, the remaining other prayers are concern, the same will have to be
decided after recording evidence at the time of final judgment.
11. 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/children shifts on the
shoulders of husband/father.
12. 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, etc.
13. Considering peculiar facts, circumstances, alongwith
liabilities & evidence etc. of the parties, petitioner wife (including
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children) 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 for interim reliefs stands allowed, partly.
2. The respondent husband shall pay total Rs. 10,000/ p.m.
interim maintenance(inclusive of rent, etc.) to the petitioner
wife & children, from the date of this application.
3. Respondents are hereby restrained from causing any sort of
domestic violence to the petitioner lady & children 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 children till
final disposal of this matter.
8. Vide Sec.28(2) of D.V. Act respondent husband shall
not transfer or create third party interest in any manner on
the immovable/movable properties standing on the name of the
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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.
(S. C. Pathare)
Addl. Chief Metropolitan Magistrate,
Date : 03012020 22nd Court, Andheri, Mumbai.
*csj
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