Interim Order 1

Order Details: Interim Maintenance Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44th COURT, ANDHERI, MUMBAI.
C. C. No. 238/DV/2023
Ruhin Aslam Zakaria .... Applicant/Petitioner
V/s
Aslam Rafiq Zakaria and Ors., …. Respondents
ORDER PASSED ON THE APPLICATION FILED UNDER SECTION 23
OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT
(Passed on 24/03/2025.)
The applicant who filed the petition under Section 12 of
the Domestic Violence Act, has moved these interlocutory application for
grant of interim maintenance and protection order under section 23 (2)
of the Protection of Women from Domestic Violence Act.
The facts of the application are summarized as under:
1. The applicant is a legally wedded wife of respondent no.1
and the other respondents are relatives of respondent no.1.
2. According to the applicant, the respondents illtreated her
on petty issues. They assaulted and tortured her on the ground that her
parents did not give furniture and money in her marriage. When she
was pregnant, she was mentally tortured and therefore, she had to
surrender her baby. In the year of 2021, when she was again pregnant,
the respondents did not take care of her and abused her. The
(Sujitkumar C. Tayde)
JMFC,44th Court, Andheri, Mumbai.
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respondent no.1 did not provide her due medical treatment and asked
her to do household duties whenever she used to come back from
hospital. The respondents did not allow her to make conversation with
any person and thus she was mentally, physically and economically
harassed by the respondents. In short, it is the case of the applicant
that she was subjected to domestic violence.
3. According to the applicant, when she tried to get back her
bedroom, she was verboten by the respondents. She was not allowed to
sit with entire family. Thus, she was ill treated at the hands of the
respondents and she was deprived of basic needs. Being over powered
by the atrocities committed by the respondents, she lodged the report
against the respondent for the offence punishable under section 498 (A)
of Indian Penal Code. Since she was subjected to domestic violence, she
had no option but to leave the shared household alongwith her infant
son. Thus, now the applicant is living with her son. It is alleged that
the respondent no.1 who is her husband refused to keep and maintain
them in spite of having sufficient source of income. Hence, the
applicant sought the interim maintenance to the tune of Rs.1,00,000/
per month towards the monthly rent of the house and medical expenses
along with the compensation to the tune of Rs.50,00,000/ amount and
the interim maintenance of Rs.25,000/ per month for her son. She has
also sought the protection order against the respondents.
4. The respondents filed the reply and thereby denied all the
allegations in toto. It is the stand of the respondent no.1 that the
applicant voluntarily left his home and abandoned him. It is further
alleged that the applicant did not perform her marital duties and filed
(Sujitkumar C. Tayde)
JMFC,44th Court, Andheri, Mumbai.
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this case to harass them. It is the stand of the respondent no.1 that he
works in the shop of his father and he has no sufficient source of
income to provide the separate maintenance and the other reliefs as
sought by the applicant.
5. Heard the learned advocates for both the sides.
6. In the backdrop of the rival submissions and the documents
placed on record, following points arise for my determination:
Sr.
No.
POINTS FINDINGS
1. Whether the applicant is entitled
for interim monetary relief and
protection order as prayed for?
Yes
2. Whether the applicant is entitled for
residence order under section 19 (f)
of the Protection of Women from
Domestic Violence Act ?
Yes
3. What order? The application is partly
allowed as per the final
order.
REASONS
AS TO POINT NO.1 AND 2:
7. At the outset, it is pertinent to note here that the
respondents have nowhere denied their domestic relationship with the
applicant. It is also admitted position that the applicant has one issue
out of the wedlock that took place between her and the respondent no.1
(Sujitkumar C. Tayde)
JMFC,44th Court, Andheri, Mumbai.
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and the said child is residing with her. The record also shows that the
applicant is residing separate from the respondents. Having regard to
these admitted facts, I proceed to decide this application.
8. The applicant had stated on oath that she was subjected to
domestic violence. In order to support the facts mentioned in the
application she has filed the relevant documents. It is reflected that the
applicant filed the complaint against the respondent before the Amboli
police station wherein she alleged that the respondents committed the
offence punishable under section 498 (A) of Indian Penal Code. Thus,
having regard to the said police complaint and the averments made on
oath, prima facie it appears that the relations between the applicant and
the respondents are strained and she might be subjected to domestic
violence.
9. The applicant and the respondent no.1 have made serious
allegations against each other. It is needless to say here that such
allegations are required to be proved. The trial is yet to be commenced
and the trial will take its own time. Hence, having regard to the
provisions of Section 23 of the Protection of Women from Domestic
Violence Act, I am of the opinion that the applicant has locusstandi to
file this application for getting the interim maintenance.
10. The applicant filed her affidavit of her assets and liabilities
and thereby stated that she is unemployed and she borrowed some
amount to fulfill her basic needs. She has also stated that their child
depends on her. Thus, it can be inferred that though the applicant is
jobless, still she has been maintaining herself alongwith her child. Now
(Sujitkumar C. Tayde)
JMFC,44th Court, Andheri, Mumbai.
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I turn to discuss the financial capacity of the respondent no.1.
11. As per the averments made in the application, the
respondent no.1 has been running a hardware fittings shop. It is
pertinent to note here that the respondent no.1 has specifically
mentioned in his affidavit of assets and liabilities that the said shop is in
existence. But it is the stand of the respondent no.1 that it is his family
business. However, at this stage the respondent no.1 has not filed any
relevant document to show that the said shop is his family business.
Moreover, the respondent no.1 has stated in his affidavit of assets that
he is ready to provide the separate maintenance of Rs.5,000/ to his
child. It is further revealed that the net income of Rs.2,08,579/ is
obtained from the said business. In such scenerio, I have no hesitation
to hold that the respondent no.1 has sufficient means to provide her
separate maintenance.
12. The applicant stated on oath that she was mentally and
physically illtreated by the respondents. According to her, the police
complaint was filed against the respondents. But still they continued the
domestic violence. In such circumstances, having regard to the
allegations made on oath, I am inclined to grant the protection order
under section 18 of the Protection of Women from Domestic Violence
Act. Resultantly, I record my finding in affirmative for point no.1 and 2
and proceed to pass the following order:
O R D E R
1. The application for interim relief is partly allowed.
(Sujitkumar C. Tayde)
JMFC,44th Court, Andheri, Mumbai.
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2. The respondent no.1 is hereby directed to pay sum of Rs.30,000/
(Rupees Thirty Thousand Only) per month to the applicant and
Rs.5,000/ (Rupees Five Thousand Only) to their child as the
interim maintenance from the date of filing this application.
3. The respondents are hereby restrained from creating any
disturbance in the life of applicant and from entering into the
place of her residence and work until further order.
4. The respondents are hereby prohibited for committing any act of
domestic violence against the applicant and her relatives.
5. The copy of this order be forwarded for compliance to the
concerned Protection Officer and the concerned Police Station in
charge under whose jurisdiction the domestic violence is alleged
to have been taken place.
6. The copy of this order be supplied to the parties free of costs.
Sd/
(Sujitkumar C. Tayde)
Judicial Magistrate First Class,
Date : 24/03/2025 44th Court, Andheri, Mumbai.
spj
(Sujitkumar C. Tayde)
JMFC,44th Court, Andheri, Mumbai.
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