Woman not Concubine, prima facie in relationship nature of marriage

MUMBAI: Refuting the submissions of the state MLA’s lawyer that atmost the woman could be termed the man’s “concubine”, disentitling her to any reliefs, a sessions court said that prima facie he was in a relationship with the woman in the nature of marriage. The court also held fhat she has given birth to two children, which was not possible without them residing in a shared household.“Therefore, she is entitled to claim the reliefs as provided under the DV (Domestic Violence) Act,” the judge said. The judge made the observations in a detailed order dismissing an appeal filed by the state legislator against an interim order of a Bandra magistrate's court that directed him to pay Rs 1.25 lakh per month as maintenance to a woman who claims to be his first wife. The judge held that even if it’s presumed that the woman is earning, she is still entitled for maintenance to keep up with a lifestyle similar to the man’s. “Considering the lifestyle of a renowned political figure and the facts and circumstances of the instant case, I am of the view that the learned Magistrate is justified in granting interim maintenance and quantified the same in proper manner which needs no interference,” the additional sessions judge Shaikh Akbar Shaikh Jafar said. While the verdict was pronounced on Saturday, the detailed order was made available on Tuesday. The maintenance was ordered to be paid from the date of her filing an application in 2022 under the Protection of Women from Domestic Violence Act.In the appeal filed in Feb, the MLA reiterated his submissions made before the lower court of never being married to the woman. The Bandra court "didn't apply his mind and passed an arbitrary order giving interim maintenance", stated the appeal.The MLA, in his appeal, said despite knowing his marital status, the woman voluntarily entered into a relationship until Nov 2020, which his family was aware of. The appeal said the maintenance order is "contrary to law, facts of the case and documents on record" and the woman has "failed to establish" how she was an "aggrieved person" under the DV Act. On Feb 4, observing that the woman was prima facie subjected to domestic violence at the hands of the man, the Bandra magistrate's court ordered the MLA to pay a total interim monthly maintenance of Rs 2 lakh to the woman and their unmarried daughter. The woman filed a domestic violence case against the man in 2022 and sought interim maintenance of Rs five lakh for each of her two children and herself and Rs 25 lakh as interim compensation. “It appears that the relations between them are strained, and inference can be drawn that, as the respondent (man) is denying the marital status of applicant No 1 (woman), she is emotionally abused by the respondent, which amounts to domestic violence. Therefore, I hold applicant No 1 prima facie proved that she was subjected to domestic violence at the hands of the respondent," judicial magistrate (first class) A B Jadhav had said. The magistrate also said the man denying conjugal rights to the woman amounts to domestic violence.While Rs 1.25 lakh is to be paid to the wife, Rs 75,000 is for the daughter. "Being son applicant No 2, after attending the majority, is not entitled to maintenance from the respondent," the magistrate said. The minister was also directed to pay Rs 25,000 as costs of the application. The magistrate also directed the man not to cause any kind of domestic violence to the woman until the final decision on the proceedings.