Order 1

Order Details: Copy of Order
Pdf Text: 1 C.C.NO.: 26/DV/2018.
C.C.NO.: 26/DV/18
ORDER BELOW INTERIM APPLICATION
1] Read application filed by the applicant u/s.23 of PWDV Act
for interim reliefs. Also read reply filed by respondent nos.2 to 5 vide
Exh.10. Respondent no.1 has not filed his reply. Perused record. Heard
Learned Advocate for the applicant and respondent nos.2 to 5.
2] It is admitted fact that applicant is the wife of respondent no.1
and respondent nos.2 to 5 are the inlaws of the applicant. Applicant has
one daughter out of this wedlock. The applicant has made allegations of
domestic violence against the respondents. Respondent nos.2 to 5 have
denied the allegations made by the applicant. Respondents have stated in
their reply that the applicant has left the matrimonial home on 25.08.2009
and while leaving matrimonial home she has taken away all her
belongings, ornaments and stridhan. Since then they have no concerned
with the applicant. On the other hand, the applicant has mentioned in her
application that on 26.12.2010 respondent no.1 and 2 assaulted her
mercilessly and expelled her from her matrimonial home. So as per the
own contention of the applicant, she is not residing with respondent since
26.12.2010 but she has filed the present proceeding after lapse of long
time i.e. in the year 2018. Therefore, doubt created regarding the
allegations of domestic violence made by the applicant as to why she did
not take action against the respondent since 2010 up to 2018. In such
circumstances, at this stage, it cannot be decided whether the respondent
committed domestic violence upon the applicant as it can be decided only
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2 C.C.NO.: 26/DV/2018.
after recording of the evidence. The allegations made by the applicant
against the respondent and the counter allegation made by the respondent
against the applicant in their reply can be decided only after recording of
the evidence.
3] The applicant has sought protection order u/s.18 of PWDV
Act. However, it is held that at this stage there is no satisfactory material
available on record to show that respondents committed domestic violence
upon the applicant, interim, protection order can be granted at this stage.
So far as the second prayer of residence order is concerned, respondent
nos.2 to 5 are not liable to provide residence to the applicant for want of
any property of respondent no.1 or any joint property in their hands.
Though, respondent nos. 2 to 5 are not responsible, respondent no.1 is
liable to provide shelter to the applicant and his daughter being husband
of the applicant. It is admitted fact that the applicant is residing at her
parent's house and the respondent has not made any provision for her
residence. The applicant has stated that respondent no.1 earns
Rs.1,00,000/ p.m. Though, she has not filed any document to show the
income of respondent no.1, respondent no.1 has not challenged his
income as he failed to file his reply to this application. Therefore, it can be
presumed that he has sufficient income. Considering today's situation, it
will proper to direct the respondent no.1 to pay Rs.8,000/ per month to
the applicant for the provision of her residence.
4] So far as the third prayer of the applicant for monetary relief
is concerned, respondent no.2 to 5 are not liable to maintain the applicant.
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However, it is moral duty of respondent no.1 to maintain the applicant and
his daughter. Record does not show that the respondent no.1 has provided
any maintenance to the applicant and her daughter. Considering the daily
needs of the applicant and her daughter it will proper to direct respondent
no.1 to give Rs.7,000/ per month to the applicant and Rs.5,000/ per
month to her daughter for their maintenance. So far as the fourth prayer
of the applicant for compensation is concerned, the said relief cannot be
granted at this stage as it is already held that there is no satisfactory
material available on record to show that respondents committed domestic
violence upon the applicant.
5] In view of the above discussion, the applicant is entitled to get
interim residence order and interim monetary relief order from respondent
no.1 only. Hence application is liable to be partly allowed and it is liable
to be dismissed against respondent no.2 to 5. In the result, I pass the
following order.
ORDER
A] Application is partly allowed.
B] Respondent no.1 shall pay Rs.7,000/ per month to the
applicant and Rs.5,000/ per month to her daughter towards
their maintenance from the date of this order.
C] Respondent no.1 shall pay Rs.8,000/ per month to the
applicant for her residence from the date of this order.
D] Application is rejected against respondent no.2 to 5.
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E] Copy of order be given to both parties free of cost vide
Sec.24 of the said Act.
(S.A.Bajaj)
Date : 06.07.2020 Metropolitan Magistrate,
vvm/ 53rd Court, Mulund, Mumbai.
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