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ravindra (Analyst)     04 February 2012

Interim maintance

Hi Experts
Yesterday was my 1st DV date. I come to know tht my wife has filed interim
maintance application. can any one help me how can court grant her interim
maintance without closing DV case. As in DV also she has filed maintance. As per
as i know if i loose DV then i have to give compansation to her, correct me if i
m wrong, there is no jail term in DV. So my question is if she get interim
maintance then what is the use of DV case. plz advice confused.
thanks
Ravindra sonavane



Learning

 5 Replies

**Vikram** (Managing Partner)     04 February 2012

The Law says, since your wife prima facie does not have any income, and you are the legally wedded husband, it is your responsibility to maintain the wife.

 

So, when there is a dispute and till the time the court decides about any maintenance for your wife..it is your responsibility to maintain your wife...and hence the interim maintenance.

 

So immediately after a DV case if filed, the court orders interim maintenace...do not put much imporatance on the word "immediately"...because..it takes along time..in my case, the interim application was decided after 1 year of filing the complaint...

 

The reliefs under the DV act are filed u.s 12 of the Act and the Interim maintenance u.s 23 of the Act.

 

She must have filed an application u.s 23 of the act, you have to reply to that application. The court will hear both sides and pass an order..a maintenance amount...which will depend on your income..

 

FOr this, the complainant need  not come for any evidence or cross questioning...

 

After the interim order, the main case will start, in which she has to come for evidence and cross questioning...then you will have all the opportunity to cross question her...

 

Hope things are clear..

 

Vikram

 

 

1 Like

ravindra (Analyst)     04 February 2012

thanks

shaheen (lawyer)     04 February 2012

Just want to add, the PWDVA 2005 in itself do not call for punishment but non compliance of order does. If you fail to pay maintenance or  fail to honour any other order, the court may issue arrest warrants or penalties or dsitress warrants. The Procedure that is followed is based on criminal procedure code (125 crpc in case of maintenance). 

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 February 2012

Dear Ravindra the court have power according to section 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. feel free to call
1 Like

Hem Raj (advocate)     04 February 2012

dear sir

since u have got married a w theoman so it is ur responsibity to maintain her before or after divorce.

so she can claim interim maintance.

IM can can be filed at any stage during the penency of the litigation.

2nd que.     any wife can take maint. only at once she can't claim second time.

maint. can be claimed under any one of the following ;-

a) dv act

b) hma)

c) 125 crpc  ect.

1 Like

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