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Nishant (abc)     28 January 2012

Immediate reliefs by interim application in dv case

Case under DV Act in progress in Delhi district court for more than 1 year..

Husband has blocked all ways for the wife to meet the only child......The wife is suffering from kidney disease is  trying to support herself so that she survives of this deadly disease.....for this she also travels to chandigarh to consult a specilist....recurring cost on medicines, food, household, conveyence. medical tests.. and all sundry expenses....She is paying the rent, electricity bill, water b ill for the house she has taken on rent.....Husband is using the joint-named property (flat purchased from joint income / loan of husband and wife (majority loans/contributons from wife side) and also enjoying rental income from the flat.... Wife is also facing difficulty in getting other rental accomodation, as no owner is ready to give the flat keeping in view her legal / m arital status.

The case was filed in December 2010 and next few hearing dates, husband did not come ..obviously for delaying the proceedings.. only on the last date (Oct 2011)  his counsel appeared and moved the application

for extemption from personal appearance of husband and asked more time for filing reply.

Since the Wife is desperately wanting to see her only child, whom she could not meet for last two  years. she moved an interim application for relief for followings.

1. Visitation rights to meet child, in addition permission to meet him at school /creche etc.

2. Asking monterary relief for cost of rent, bills, food, doctor fee, medical test, conveyence till the case is decided.

Hon'ble PO clubbed the interim application with main application and given the next date of hearing for both together in february.

I want to know...

1. Do we get additional dates for hearing on interim application other than for the main petition or will it always be heard on the date for main petition

2. what is the chances that the lady is granted permission to meet the child on the next date / or one more date or so

3. is there any thing we could do on the next date from our side.

4. Is there any remedy in our law that helps in such a scenario, this could be the question of the life and death of the mother. she is already going through a lot of  mental trauma.


Thanks in advance,




 10 Replies

Ranee....... (NA)     28 January 2012

very sad..

DV cases are to be deciced withing 60 days..this has become a great joke..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 January 2012

Dear Nishant if you are from women side , you should file an application under section 23 of Domestic Violence Act, 2005 for ex-party order against respondent.the court have power to pass any order ex-party. see section 23 of DV ACt 23. Power to grant interim and ex parte orders.— (1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper. (2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent. Comments This section provides for grant of interim orders by the Magistrate. He may also pass ex parte orders on the basis of affidavits given by the aggrieved person. Feel free to call

Ranee....... (NA)     28 January 2012

Already the case is filed and husband doing unnecessary delay to harrass her.

What to do to fasten the process ?

**Vikram** (Managing Partner)     29 January 2012

Even if an order is passed u/s 23 of the act, the same is appealable u/s 29 of the act...the husband will appeal u.s 29 and cause further delay...my appeal u.s 29 has not been decided for about 1 yr and 3 months in the sessions court without any decision...good for me and once there is a decision I will immediately move to the HC... There is no way out...

sibasish pattanayak (lawyer)     29 January 2012


i agree with Nadeem ji, in addition to , if the sitution so serious, u can putup the case much earlier of feb date, on the ground of seriousness, it reqr just after filling the DV CASE, u can inform THE SITUATION  TO, THE PROTECTION OFFICER, SERVICE PROVIDER TO TAKE STEPS , THEN U CAN MOVE THE PUT UP PETITION B4 LD. COURT.Feel free to call me after court hrs.>6.30pm.


sibasish pattanayak, Advocate

09874854594 / 09477090999 /09231668664.

Nishant (abc)     30 January 2012

Thanks all experts for taking time to answer my query.

Nadeem Ji,  This DV petition was filed in December 10, an affidavit under section 23 was also enclosed with this application, asking for the summary reliefs, with all reliefs sought under different sections (18,19,20,21) namely.

1. To be able to visit the child 

2.Alternate accomdation of equal status

3. cost of fooding, household, medicines, medical examinations, doctors fee, travelling, hospital charges

3. return of all clothese (left at the matrimonial house) plus all utensils, gifts and other items of stri dhan.

4. stopping the husband to dispose off common assets

She has already met protection officer 2-3 times, she looks overburdened and have little time to hear her case, Protection officer is effectively doing filing of DIRs nothing else, whenever she approaches her she has the standard answer that no Judge will look into the merits of the case and pass relief orders.

@Patanaik ji, I could you provide some more details about the procedure you are trying to adopt?

My specific question is that, is there any remedy before her to see her only child, which she has been denied adding the cause to her illness


Nishant (abc)     31 January 2012

Dear Forum Members,

Would appreciate if some advise is given for my  following queries


1. Do we get additional dates for hearing on interim application other than for the main petition or will it always be heard on the date for main petition



4. Is there any remedy in our law that helps in such a scenario.......

Thanks in advance,


Nishant (abc)     01 February 2012

Dear Forum Experts,

I once again request the experts to kindly look into my last query posted yesterday,

I will be greateful if point s1 and 4 are replied.

Thanks in advance,


Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

yes.court can give you earlier date to hear interim application.

stanley (Freedom)     02 March 2012

The height of stupidity of the DV act is that it would be decided with 60 days from the first hearing . Remember this is india :-).With the no of cases piled up in court the judicary is unable to cope up with it :-) . So the case goes date after date and hence the delay .

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