Interim relief

Rakesh (Querist) 12 November 2017 This query is : Resolved
i have question regarding section 23 of domestic violence act
in the application u/s 12 the victim has asked for relief under section of different relief but she has not asked any maintenance in her application under section 12 of dv act. she asked for medical relief and compensatory of loss. but now after the application of 3 year now she has filed application for interim maintenance. but his final relief is not maintenance. so is it sustainable.

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Vijay Raj Mahajan (Expert) 13 November 2017
Yes the wife can file for interim maintenance application now if she has no job and income for her maintenance. The responsibility of husband to provide it along with place for her residence with all amenities she was enjoying while she was living with him in the matrimonial home.

SHIRISH PAWAR, 7738990900 (Expert) 13 November 2017
Even if final relief is not maintainable wife can file maintenance application. If the husband is not maintaining wife then she can file maintenance application any time. Wife also have option to file separate maintenance application u/s. 125.