Interim maintenance under dv act, 2005 without application for interim relief
Victim of Lies and Laws
(Querist) 19 August 2014
This query is : Resolved
In case no "interim relief" in terms of section 23 of DV Act, 2005 has been prayed for by the complainant in her complaint, can the court still grant interim maintenance?
Can the application for "interim relief" in terms of section 23 of DV Act, 2005 moved at any time during the proceeding of case, if not moved initially?
My understanding of the matter is as under:
The liberty of the court for laying down its own procedure is restricted to the disposal of an application only under section 12 or under sub-section (2) of section 23.
However, disposal of all matters for grant of interim maintenance other than ex parte orders are governed by section 23(1). But section 23(1) does not fall under the purview of section 28(2).
Can the court still grant "interim maintenance" or any other interim relief?
ajay sethi
(Expert) 19 August 2014
court will not grant any relief unless prayed for .
wife can file application for interim maintenance subsequently .
Raj Kumar Makkad
(Expert) 20 August 2014
Court shall decide only the issue before it and if no application seeking interim maintenance has been moved before it, it is not going to unnecessarily oblige the applicant, however, such application can be moved at any stage of pendacy of the main application moved under section 12 od DV Act.
Shonee Kapoor
(Expert) 21 August 2014
I concur; there is a specific provision for interim maintenance to be prayed and hence it can not be passed unless prayed for.
Regards,
Shonee Kapoor
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If you don't fight for what you want, don't cry for what you LOST.
Victim of Lies and Laws
(Querist) 21 August 2014
I have found a judgement which says that an interim relief can be claimed without a separate interim application moved.....
"Hence in the case of Vishal Damodar Patil Vs. Vishakha Patil 2009 Cr.L.J. 107 it has been held that an interim relief can be claimed without a separate interim application moved."
http://nadeemqureshi1.wordpress.com/2013/07/02/domestic-violence-act-can-be-used-against-women-too/
Several other judgements are also referred in this particular judgemen.
Please see if anybody has any antidote to this judgement?
Raj Kumar Makkad
(Expert) 21 August 2014
No doubt Nadeem has cited the gist of one of the judgments pertaining to the same issue under discussion but law is nothing but a common sense. If one asserts only then he can expect to get it.
