Interim Order 1

Order Details: Interim Maintenance Order
Pdf Text: 1 C. C. No. 376/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
C. C. No. 376/DV/2018
Anjali @ Anjana Dinesh Jadhav ... Applicant
V/s.
Dinesh Ramchandra Jadhav + 2 ... Respondents
ORDER BELOW INTERIM APPLICATION DATED 15/12/2018
1. This is an application filed by the applicant for getting
interim reliefs under the provision of Section 23 of the Protection of
Women From Domestic Violence Act, 2005 (for short 'the Act').
2. In brief, it is the case of the applicant that she got married
with respondent no. 1 on 08/02/2015 at village Dist. Raigad.
Respondent no. 2 is mother-in-law and respondent no. 3 is sister-in-law
of the applicant. After marriage the applicant was residing in the joint
family of the respondents. The respondents properly treated the
applicant for initial some period. Thereafter the respondents started to
ill-treat the applicant. Respondent nos. 2 and 3 used to instigate
respondent no. 1 against the applicant. Respondent no. 1 used to abuse
and assault the applicant under the influence of liquor. During
pregnancy of the applicant also respondents were treating the applicant
in inhuman manner. Thereafter the applicant gave birth to her son
Vaishnav. After delivery when the applicant went to the house of the
respondents to lead married life, the respondents continue to ill-treat
her. During her stay at her parental place also respondent no. 1 abused
and threatened the applicant by making phone calls and also visiting
the place of parents of the applicant. The applicant reported the matter
from time to time to Meghwadi police. The applicant has no source of
-- 1 of 3 --
2 C. C. No. 376/DV/2018
income. Respondent no. 1 failed to maintain the applicant and her son.
Hence, this application.
3. Despite service of notice by protection officer and also by
police authority, the respondents failed to appear before the court.
Hence, the application proceeded ex-parte against the respondents.
4. I have gone through the record. The allegations made by
the applicant against the respondents remained unchallenged on
record. The allegations of the applicant are supported by the
documents filed on record by the applicant including N.C. reports. At
this stage I do not find any reason to disbelieve the case of the
applicant. The record establishes that the applicant is victim of
domestic violence. Therefore, the applicant is certainly entitled for
appropriate and necessary interim reliefs under the provisions the Act.
5. The applicant has prayed that the respondents be
restrained from causing any harassment to her. As stated above, the
record prima-facie shows that the applicant is victim of domestic
violence. Therefore, at this stage the applicant is certainly entitled for
the protection order against the respondents, as prayed.
6. The applicant has prayed that respondent no. 1 be directed
to pay Rs. 10,000/- per month for the interim maintenance of the
applicant and Rs. 5,000/- per month for the interim maintenance of her
son. The applicant submitted that she has no source of income.
Respondent no. 1 is gainfully working and earning Rs. 40,000/- per
month. He failed to maintain the applicant and her son. At this stage
there is no dispute that applicant is legally wedded wife of respondent
no. 1 and she is blessed with one son. Record prima-facie shows that
-- 2 of 3 --
3 C. C. No. 376/DV/2018
the applicant is victim of domestic violence. In the circumstances, it is
the legal and moral duty of respondent no. 1 to give reasonable amount
to the applicant for interim maintenance of the applicant and her son
during pendency of the proceeding. I have considered the submissions
of the learned advocate of the applicant. At this stage there is no
material on record regarding the actual employment and earning of
respondent no. 1. In the circumstances, considering the status of the
applicant which appears from the record, it would be proper to grant
interim maintenance of Rs. 5,000/- per month to the applicant and
Rs.3,000/- per month to her minor son from respondent no. 1 from the
date of the application till disposal of the case. In the result, the
application is liable to be partly allowed. Hence, the order.
ORDER
1. The application is partly allowed.
2. The respondents are restrained from committing any act of
domestic violence against the applicant.
3. Respondent no. 1 shall pay Rs. 5,000/- per month to the
applicant for her interim maintenance and Rs. 3,000/- per month for
the interim maintenance to her minor son from the date of the
application till disposal of the case.
4. Costs in the cause.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 27/11/2019 Andheri, Mumbai.
-- 3 of 3 --