1 Appln : 4644/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4644 OF 2010 Carson Percy Valladares & Ors. …. Applicants Vs. Chrystall Carson Valladares & Anr..... Respondents Mr. Niranjan Mundargi, Advocate for applicants. Mr. K.H. Giri, Advocate for respondent no.1. Mr. S.A. Shaikh, APP for State. CORAM : Smt. R.P. SondurBaldota, J. Date : 14th December, 2010 P.C.:- 1. Heard the counsel for both sides. By consent the application is taken up for final hearing at the stage of admission. 2. Applicant no.1 is the husband of respondent no.1. The other applicants are parents, sister and sister’s husband of applicant no. 1. The marriage of applicant no.1 and respondent no.1 took place on 30th April 2004. There are two children born from the wedlock, a daughter, aged 4 years and a son aged 2½ years. It is admitted position that both the children are today residing with respondent no.1. She has filed complaint being CC No.3/DV/10 under the Protection of Women from Domestic Violence Act 2005. She also filed an application for interim reliefs demanding a right to reside in 2 Appln : 4644/2010 the shared household with protection order from domestic violence and monetary reliefs respectively. The trial Court rejected the application of respondent no.1 by it’s order dated 21st April 2010. Respondent no.1, then approached the Sessions Court by way of Criminal Appeal No.199 of 2010. The Sessions Court allowed the appeal and gave various directions by way of interim reliefs including award of maintenance of Rs.20,000/- per month to respondent no.1 and the two children w.e.f. 25th January 2010. The other interim order was to permit respondent no.1 along with two children to reside in the shared household i.e. house no.103, Glee Cars Arc, Kalina village, Santacruz (East), Mumbai - 29, with an order of protection from domestic violence. Mr. Mundargi, the learned counsel for the applicants states that the applicants are omitting the challenge only to the direction regarding residence in the shared household. 3. Mr. Mundargi submits that the shared household stands in the name applicant no. 2, the father. Further applicant no. 1 and respondent no.2 had all along been residing at Mascat until 2009 and as such did not regularly reside in the house at any time. Only whenever they visited India, they occasionally resided in the house as a members of the family. Therefore he states that the applicants are willing to make arrangement for the residence of respondent no.1. They have acquired a flat (1 3 Appln : 4644/2010 BHK) at Vivek Apartment, being Flat NO.C-307, CST Road, Kalina, Santacruz (East), Mumbai -98 on leave and license basis and have already paid a sum of Rs.78,000/- to the owner of the flat. The amount of Rs.78,000/- consists of deposit amount of Rs.50,000/-, monthly rent Rs.13,000/-, society registration fee Rs.5,000/- and agent fee of Rs.10,000/-. The flat has been furnished with the necessary furniture. Mr.Giri, learned counsel for respondent no.1 on instructions from her states that she is willing to accept in the alternate arrangement made by the applicants. He, however, requests that the applicants be directed to provide respondent no.1 with a gas connection, a television set, a refrigerator and a microwave oven. Mr. Mundargi, states that the applicants are willing to provide these items to respondent no.1. Mr. Mundargi, on instructions from the applicant no.1 who is present in the court states that the house will be furnished with a television set a refrigerator and a microwave oven even by tomorrow i.e. 15th December 2010 and the gas connection will be provided within a period of one week. Mr. Mundargi states that as soon as the gas connection is secured, he will inform the learned counsel for respondent no.1 so that respondent no.1 can immediately shift into the flat. 4. At the request of Mr. Giri two more directions are given. Firstly that the applicants and their family members shall not 4 Appln : 4644/2010 visit the alternate accommodation provided for respondent no. 1, and secondly that the applicant no. 1 will pay the arrears of maintenance of Rs.1,20,000/- within a period of two weeks by depositing the same in this court. On such deposit being made, respondent no.1 is at liberty to withdraw the same. The impugned order is modified in the above terms and the application disposed off. (Smt.R.P. SondurBaldota,J.)