Domestic violence cross examination
Never Give Up
(Querist) 17 January 2013
This query is : Resolved
Hello Experts,
I have Domestic Violence case on me and interim was filed in it demanding for Right To Residence (separate accomodation with electricity bills property taxes to be paid by me) and monthly maintenance with one time money for mental harassment and legal cost for petition.
Cross examination has been recently completed in this case.
Could you please let me know what is next step / stage ?
Also could you please let me know, how do we identify if this cross was for interim orders or for final for entire petition ?
Thank you in advance.
Raj Kumar Makkad
(Expert) 18 January 2013
Your lawyer is the best judge of your case. He can tell you the exact procedure adopted in your case. No one can tel you whether the evidence was led in support of interim evidence or for the entire case.
Now you shall have to lead your evidence and then the argument on the interim application shall be heard.
Never Give Up
(Querist) 18 January 2013
Thank you Makkadji.
I could recall from proceeding that, Judge asked for purshis of closing evidence of complainant after cross examination was over.
No interim order as on date.
Would it help us to identify if this cross was for interim or final application ??
Also do we have cross examination 2 times in DV , one for interim and one for final application ??
Please suggest.
Raj Kumar Makkad
(Expert) 18 January 2013
As already cleared to you, it is to be seen from the court file whether your wife has led her evidence just for her interim application or for the whole case so better to get this information from your lawyer.
ajay sethi
(Expert) 18 January 2013
it appears that evidence was for main petition. you cna go through roznama of the case . it will contain all details as to the proceedings till date
Never Give Up
(Querist) 01 February 2013
I have confirmed with my lawyer, the case is going towards disposing of main petition without awarding any interim orders..
Thank you experts.
V R SHROFF
(Expert) 01 February 2013
Usually interim orders are passed based on Arguement, w/o Evidence or examination of parties, unless it is absolutely necessary,
So in your case it is proceedings of Main .
May be your wife did not apply separately u/s 23 dv act with supporting Affidavit and in FORM -III u/s 23 (2) of DV act. with v/f thereof . In absence of it, Magistrate cannot pass interim.
ajay sethi
(Expert) 01 February 2013
thanks for your appreciation
Never Give Up
(Querist) 08 February 2013
Thank you Shroff ji, Sethi ji.
She did filed application for interim order with main petition itself. However i think judge was convinced that this is false case and to put pressure case was filed.
Sudhir Kumar, Advocate
(Expert) 09 February 2013
Interim application is mostly filed with main petition and non-grant of interim doe never mean that "judge was convinced that this is false case"
