Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C.C.NO.297/DV/2023
Presented on: 29/11/2023
Registered on: 29/11/2023
Decided on : 23/12/2025
Duration : 02Yrs. 0M. 24D
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
65TH COURT, ANDHERI,MUMBAI.
(Presided over by Hashmi H.A.H.I.)
Exh.12
C.C.NO.297/DV/2023
1. Gunjan Rajesh Kumar Vishwakarma
Age 31 yrs., Occupation- Housewife
R/o. Room No.5,Shiv Mandir Chawl,
Andheri (E), Mumbai -59.
2. Aditi Rajesh Kumar Vishwakarma
Age – 06 yrs. ... Applicants
V/s.
1. Rajesh Kumar Vishwakarma
Age- Adult, Occupation-Business
2. Shantidevi Gayaram Vishwakarma
Age- Adult, Occupation-Housewife
3. Pooja Gayaram Vishwakarma
Age- Adult, Occupation-Housewife
4. Rakesh Gayaram Vishwakarma
Age- Adult, Occupation- Businessman
5. Kamal Gayaram Vishwakarma
Age- Adult, Occupation- Businessman
6. Meena Kamal Vishwakarma
Age- Adult, Occupation-Housewife
7. Vijaykumar Gayaram Vishwakarma
Age- Adult, Occupation- Businessman
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2 Judgment in C.C.NO.297/DV/2023
8. Mrs. Sheetal Vijaykumar Vishwakarma
Age- Adult, Occupation- Businessman ... Respondents
Application under Section 12 of The
Protection of Women from Domestic
Violence Act, 2005.
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Appearance : Adv. Shri. S.P. Tiwari for the applicant.
J U D G M E N T
( Delivered on 23/12/2025)
1. The applicant has filed present application under sections
18,19,20 and 22 of the Protection of Women from Domestic Violence
Act, 2005 ( in short 'D.V. Act').
2. The facts of case are summarized as under :-
The applicant has filed this application for reliefs such as
protection order, maintenance, rent or alternate accommodation. It is
the submission of the applicant that the respondent No.1 is her husband
and they are having one daughter viz. Aditi aged 07 years old.
Daughter viz. Aditi is presently residing with the applicant. Applicant is
residing with her daughter at her parental house situated at J.B. Nagar,
Andheri (E), Mumbai. She further contended that during her marriage,
applicant’s parents expends amount of Rs. 17 Lacs in order to keep the
respondent happy. As per the demand applicant’s father gave
Rs.1,51,000/- cash Hunda, Hero Honda Bike for Rs.1,05,000/- and
several items of gold and silver ornaments and jewellery i.e. gold
necklace in her marriage. Respondents have committed physical,
mental, sexual and economic cruelty on the ground of dowry, therefore,
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3 Judgment in C.C.NO.297/DV/2023
the applicant has lodged police complaint in Sahar Police Station
against the respondent on dtd. 21.09.2023. She lastly contended that,
since 25.11.2021 the applicant is residing separately from the
respondents. Respondent no.1 has not provided any maintenance to the
applicant as well as her daughter, therefore, respondent no.1 be
directed to pay maintenance amount of Rs.40,000/- per month to
applicant and daughter. Moreover, the applicant has not made any
accommodation to the applicant and her daughter, therefore, the prayer
of providing accommodation be allowed.
3. Inspite of service of notice, respondent failed to appear in
the present matter, therefore, on 21.09.2024 exparte order is passed
against him.
4. After considering argument advance, following points arise
for my determination and I have recorded my findings against each of
them for the reason as follows :-
Sr.
No.
Points Findings
1 Whether the applicant is entitled other reliefs as
prayed and what order?
In the
affirmative
2 What order ? As per final
order
REASONS
AS TO POINT NOS. 1 AND 2
5. In support of the application, the applicant has examined
herself as (C.W.No.1) at Exh.9 as a sole witness. Thereafter, the
applicant has filed the evidence closed pursis below Exh.10.
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4 Judgment in C.C.NO.297/DV/2023
6. The applicant Gunjan Vishwakarma (C.W.No.1) has
deposed as per her application (Exh.1). She has proved many
documents examining during evidence. She has filed the documents i.e.
Family Ration Card, Adhar Card, Birth Certificate of Aditi
Vishwakarma, Leaving Certificate of Gunjan Vishwakarma, Fee Receipts
of Aditi, Ornaments and jewelleries receipt alongwith cloth receipt and
result of Aditi on record.
7. It is pertinent to note that the applicant Gunjan
Vishwakarma also filed on record the affidavit of assets and liabilities.
The evidence of applicant not contradicted or challenged by the
respondent, so the evidence of the applicant remains unchallenged.
Thus, as per evidence the respondent has abused the applicant,
therefore applicant had lodged police complaint. I have perused the
copy of complaints. This is nothing but domestic violence by
respondents on the applicant. Therefore, the applicant is entitled for
protection order against the respondents. Moreover, there is no
evidence that, the applicant has suffered monetary loss due to domestic
violence by the respondents on her. So for want of evidence of
monetary loss due to domestic violence, the applicant is not entitled to
get monetary compensation from respondent. So far as the prayer of
accommodation is concerned, it is matter of record that the respondent
no.1 has not made any arrangement of the applicant and his daughter,
therefore, considering the basic needs of applicant and her daughter, it
would be just and proper to direct the respondent to provide
accommodation / rental premises to the applicant and daughter who
are presently residing with her parents.
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5 Judgment in C.C.NO.297/DV/2023
8. In the present matter the applicant has prayed for
maintenance of Rs.40,000/- per month. It is a matter of record that, the
applicant is housewife and has no source of income, however, it appears
from the record that the respondent no.1 is earning handsome income
from the business, therefore, she is entitled to get maintenance from
respondent no.1. However, respondent no.1 being husband of applicant
and father of daughter of Aditi, it is his moral and legal duty to provide
financial assistance to them, however, it is matter of record that the
respondent has not made any financial assistance to them. Considering
the basic need of daughter Aditi, I come to the conclusion that, it would
be just and proper to direct the respondent no.1 to provide maintenance
of Rs.10,000/- per month to the applicant and Rs.10,000/- per month
daughter Aditi and it would meet the ends of justice. Hence, I answered
to point No.1 is affirmative and as to point No.2 I proceed to pass
following order :-
O R D E R
1. The application is partly allowed with costs.
2. The respondents shall not cause any kind of domestic violence to
the applicant in any manner.
3. Respondent no.1 is directed to pay maintenance of Rs.10,000/-
per month to the applicant and Rs.10,000/- per month to his
daughter viz. Aditi from the date of filing of the main petition till
it’s realization.
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6 Judgment in C.C.NO.297/DV/2023
4. Respondent no.1 is also directed to provide alternate
accommodation of 1 BHK within the vicinity of Vile Parle (E) area
to the applicant within two months from the date of order. If
respondent fails to provide alternate accommodation, in that
situation the applicant is entitled to get Rs.20,000/-from the
respondent no.1 towards rent.
5. The application for compensation or damages is rejected.
6. The respondent is directed to pay cost for this application of
Rs.1,000/- to the applicant.
7. Copy of this order to be supplied to the applicant free of costs and
copy be sent to concerned police station of this order.
8. Applicant is at liberty to show copy of this order to the concern
Protection Officer/PSO as and when required.
(Judgment dictated and pronounced in the open Court).
Dt.23.12.2025 (Hashmi H.A.H.I.)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
Dictated on - 23.12.2025
Signed on - 23.12.2025
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