LAWS(BOM)-2010-3-95

ANN MENEZES Vs. SHAHAJAN MOHAMMAD

Decided On March 04, 2010
ANN MENEZES Appellant
V/S
SHAHAJAN MOHAMMAD Respondents

JUDGEMENT

(1.) The above Petition takes exception to the Order dated 09.06.2008, passed by the learned Addl. Sessions Judge-3, South Goa, Margao, by which Order, the Appeal filed by the Respondent herein came to be allowed and the Order dated 05.11.2007, passed by the learned J.M.F.C, in so far as directing/ ordering the Respondent herein to secure an alternate accommodation to the Petitioner and granting Rs. 10,000/- towards loss of earnings, was quashed and set aside. However, the rest of the reliefs granted by the learned J.M.F.C, were maintained.

(2.) The facts in brief can be stated thus:

(3.) It was also alleged by her, that the Respondent had also another extra marital affair with one Hasina, whom he married and out of which wedlock, one child Furqan Mohammed was born. It was alleged that the Respondent was staying with the said Hasina after he left the Petitioner. It was also alleged that the Respondent used to abuse her emotionally and verbally by casting aspersion/accusation on her conduct and character and used to insult her for not bringing dowry and used to make demeaning, humiliating remarks. It was also alleged that the Respondent failed to provide money for maintaining her and her child and also failed to provide food, clothes, medicines, etc. It was also alleged that he did not allow her to take up employment, nor paid rent, electricity and water bills, etc. It was further alleged that the Respondent, by retaining the amount of Rs. 1,50,000/- borrowed from the father of the Petitioner, demanded dowry by seeking to appropriate the said amount of Rs. 1,50,000/-towards the same. On the aforesaid allegations, the Petitioner herein filed an application under Section 12 of The Protection of Women from Domestic Violence Act, 2005, (the said Act, for short). The said application came to be numbered as Maintenance Appln. No.3/M/2007/ D. The said application was filed through the Protection Officer, one ShekharPrabhudessai, with request to take cognizance of the domestic incident report. The Petitioner in the said application sought Protection under Order 18 of the said Act, a Residence Order under Section 19 of the Act by seeking directions against the Respondent to secure the same level of alternate accommodation and pay rent for the same. The Petitioner sought Monetary Relief under Section 20 of the Act as follows :