Dv main appln rejcetd but interim contd how is it possible ?


Respected Learned Sir,

The trial court has rejected my Wife's DV petition filed u/s 12(1) but ordered husband to keep paying the interim till 498A disposal (which is in completely different court) and also have said in its order that it can be opined whether domestic violence happnd or not as petitoner is travelling on paralellel litgiations which is not allowed in the eye of law.

My question : As per the Case law, how is possible that, even after main application is rejected but responded is ordered to pay interim.
Can this esteemed forum guide me please, as me and my counsel are clueless on what to do next.

Million Thanks!
Zuniee

 
Reply   
 
Advocate

There seems to be some confusion in the mind of the magistrate which passing such order. Interim maintenance is up to the date the main petition is decided. Once the main petition comes to end and is dismissed the interim maintenance too comes to an end. The magistrate should have ordered for maintenance to aggrieved party namely wife till the finalisation of trial in S 498 A IPC complaint rather mentioning it as interim maintenance. The mistake need to be corrected that when appeal against the order of the trial court is moved will be done by the appellant court. Now the question here is who will move appeal against the order?
 
Reply   
 



Dont pose academic query here.

Judges are not fools to pass orders like described above.

You have already gone to sessions court based on your previous posts 1 year back. And have aslo posted regarding SC involvement in IA of DV case.

Dont use your brain unecessasrily.

 
Reply   
 

Sir, kindly look into my previous threads.
SC had issued directions to trial court to dispose the matter. Plus this is not acamedic question neither the hypothetical question. In reallife the Hon'ble court given such final order.

 
Reply   
 

Thank you very for your prompt response sir.. Yes I'm in great confusion on what to do.

 
Reply   
 
Advocate

I believe there is either some misunderstanding on your part or mistake on part of the Judge.  Interim orders cease to exist once the final order is pronounced.  Moreover the choice of wordings as far as whether Domestic Violence has been comitted or not leaves room for much ambiguity.  Therefore it is advisable for you to challenge the same. 

 
Reply   
 

Originally posted by : Zuniee
Sir, kindly look into my previous threads.
SC had issued directions to trial court to dispose the matter. Plus this is not acamedic question neither the hypothetical question. In reallife the Hon'ble court given such final order.

You can copy of judgement?  Without seeing that, it is foolish to continue discussion on this topic.

 
Reply   
 
Advocate

Just file application under 127 CrPc for cancellation of maintenance on the grounds of change of circumstances.

 
Reply   
 

Recently I was under custody just because of that continued Interim order. Appelling against the same in Sessions Court now. My advocate is confident that he will get stay on Crl.Misc proceedings (The one which trail court had registered by itself to track the interim maintenance) and also told me he will challange the order of continued interim maintenence... Please wish us the best of luck.

 
Reply   
 
Consultant

I think you didn't understand DV Act. How magistrate order by rejecting main.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics