Interim application in dv


Dear Sir,

 

A DV case was filed in Nov 2012 by protection officer as the aggrieved female was locked inside the house and husband along with his minor son and mother in law ran away from the house. The victim managed to call police and police called the area protection officer. they both approached the magistrate and the magistrate passed the exparty order to hand over the custody of child to mother and residence order. She summoned the other party for next hearing. before 30 days of the order the opposite party filed an appeal in the High Court and the DV cas was stayed.(Aprrox 8 months) on next date when the victim appeared in person the stay was vacated.

Now the other party was asked to file the income proofs for deciding the amount of maintanence. Although they have submitted the ITR  but orally they have raised the objection that  there is no application (separate) filed for grant of interim  maintanece. The Megistrate did not asked the victim to file the separate application. and gave the next date. is it compulsory to fie the separate application for interim maintenance or is it considered ok if the petioner mention in the  main petition about the interim orders to be passed ?

 
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