Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C. C. NO.2200353/DV/2018
IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22ND COURT, ANDHERI, MUMBAI.
C.C. NO. 2200353/DV/2018
Mrs. Anita Santosh Sangare ... Applicant
V/s.
Mr. Santosh Kalu Sangare & other ... Respondents
ORDER BELOW EXH1 INTERIM APPLICATION U/SEC 23 OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLANCE ACT, 2005
1. By way of present petition dated 01122018, the petitioner
lady claimed interim reliefs.
2. Heard Ld. Counsel of petitioner lady. Nobody appeared on
behalf of respondents.
3. According to the petitioner lady, she got married with
respondent No.1 on 17052009 . She is having two sons. 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. Therefore, she is not able to maintain herself
and her two sons. Per contra, despite sufficient income respondent
No.1 refused and neglected petitioner and her children.
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7. According to petitioner, respondent husband is doing job in
Super Market and earning Rs.13,000/ per month. Said fact is not
disputed in written statement by respondents. Further, according to
petitioner, respondent is also doing job of private electrician and
therefrom earns additional income. Furthermore, according to
petitioner respondent is physically well built. When respondent No.1
performed marriage and gave birth to two children, in that event it is
clear that he is having sufficient income to maintain wife and children.
Therefore, in view of these peculiarities I have no option than to decide
his income on the basis of guesswork.
8. Respondent husband is denying the said huge income.
However, when he is doing job in Super Market and works as private
electrician, then it cannot be said that he is not having sufficient means.
This aspect cannot be overlooked. Therefore, for the above reasons right
of interim maintenance cannot be denied to wife and minor children.
9. 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 & children.
10. 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.
11. The petitioner lady submitted the application which is
supported by her affidavit(dated 01122018) therefore, Exfacie, it
appears that petitioner wife was subjected to domestic violence. So far
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as, the remaining other prayers are concern, the same will have to be
decided after recording evidence at the time of final judgment.
12. 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.
13. 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.
14. Considering peculiar facts, circumstances, alongwith
liabilities & evidence etc. of the parties, petitioner wife (including
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 Rs. 7,500/p.m. interim
maintenance(inclusive of rent, etc.) to the petitioner wife &
children, from the date of this application.
3. Respondent is hereby restrained from causing any sort of
domestic violence to the petitioner lady & children in any
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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
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 : 10122019 22nd Court, Andheri, Mumbai.
*csj
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