Interim Order 1

Order Details: Order
Pdf Text: C.C. NO. 338/DV/2018
IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
C.C. NO.338/DV/2018
Mrs.Banobi Ashraf Khan Pathan ...Aggrieved person/Applicant
v/s.
Mrs.Salma Firoz Khan Pathan ...Respondent
Order passed below interim application (Exh.4).
1. Read the application. Perused say filed by respondents. Heard Both
the Counsel at length.
2. This is an application filed under the provisions of the Prevention of
women from Domestic Violence Act 2005 for protection, residential and for
compensation.
3. Case of the applicant is that respondent is her daughterinlaw. After
marriage, the respondent started residing with the applicant and her husband
alongwith her husband Firoz Khan. The relation between respondent and her
husband Firoz become strained. The case under the provisions of D.V. Act filed by
respondent against her husband and present applicant is pending before the
Court. It is an admitted fact that the husband of respondent i.e Firoz khan is not
residing with the present applicant. His whereabout are not known to the party
to this proceeding. By way of application under consideration it is prayed that
respondent be restrained from creating any domestic violence or entering into the
property i.e residential premises bearing no. C33, Adarsh Society, Sunder Nagar,
Tunga Village, Powai, Mumbai.
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C.C. NO. 338/DV/2018
4. In reply, it is submitted on behalf of respondent that the applicant is
real mother of her husband Firoz Khan. That house stands in the name of Ashraf
Khan Pathan i.e husband of applicant. She being wife of Firoz Khan has every
right to enter into that property and resides there.
5. The relation between parties are not at dispute. Property stands in the
name of the husband of the applicant. Though the respondent lived there for
sometimes alongwith her husband but the applicant being the wife of Ashraf
Khan cannot be deprived of her right to have property and enjoy the same. She
being a wife of the owner of that property is entitled to reside there peacefully.
Further, when the husband of the respondent is not residing there, she cannot
claim the shared household as of right. The interest of the applicant needs to be
taken care of. Hence, I am inclined to allow the application in result following
order is passed :
O R D E R
1. The application is partly allowed.
2. Respondent is hereby restrained temporarily from entering into room
no.C33, Adarsh society, Gaondevi Mandir, Sunder Nagar, Tunga Village, Powai,
Mumbai till final decision of this case.
3. She is hereby further restrained from creating any domestic violence
in the above mentioned property
4. Copy of this order be given to both the parties free of costs.
Sd/
Date : 05/04/2023 (Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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C.C. NO. 338/DV/2018
genuine.
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