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house wife... (na)     21 December 2014

Interm maintenance........

i filed dv case in feb 2014 now my case is on cosideration stage..near about 8 dates pass as some time my husbands lawyer take dates next......judge giving dats continusly day aftr day but not giving any order yet much more dates judge can pass to consider interm maintenance? my husbnad is govt employ and salary near about 40000pr mon....can judge also give resident orders?


 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 December 2014

Depends on judge .... But he should not be giving dates like this .....

Adv Marwal (Partner)     21 December 2014

yes judges can pass resident order 

N R Dash.. (Advocate)     22 December 2014

Judges have discretion & can pass resident order. You consult your counsel to strongly present your case & not allow the other party to deliberately delay the proceeding....

Nadeem Qureshi (Advocate/     22 December 2014

yes, the magistrate have power to grant the reliefs as prayed.


feel free to call

Adv k . mahesh (advocate)     22 December 2014

thus have your lawyer filed all the relevant documents in the court and normally interim maintenance will be granted and make your lawyer to represent strongly about interim maintenance this time and object for the next date 

house wife... (na)     22 December 2014

thanks for ur váluable replý........

Samir N (General Queries) (Business)     22 December 2014

First and foremost, it was a blunder to have filed a petition under the DV Act to seek maintenance. You could and should have done that under 125 Cr.P.C. or other Acts/laws for seeking maintenance. We can go into a long discussion on this subject but let me spare you that lecture. Now that you have filed one, first check the prayers in your petition. Many advocates blissfully forget to add a prayer on maintenance in their DV petition. If so, the Judge will not be inclined to grant interim maintenance. Husband's advocate could argue that interim relief cannot be granted when the final relief is not prayed for.

When Judges take DV cases lightly, it is usually a sign that the Judge has understood the case and found it to be lacking in merit.  If you feel otherwise, file an application with the Judge/Magistrate asking that the interim maintenance application be ruled upon expeditiously and state expressly that if the Magistrate does not want to rule upon it to at least rule on the application to expedite. Two possibilities: The Magistrate rules on your application to expedite or simply does not rule on that application too. Now you have opened a door to approach a Higher Court... After two hearings pass... inform the Magistrate that you will be approaching the Session Court or some Higher Court to get expedited ruling on the pending application if he is not inclined to rule right away.  Some judges need to be reminded that appellate authorities exist when lower courts just ignore urgent applications.

The key here is that in order to approach a Higher Court you must first exhaust all remedies in the trial Court.  By filing an application to expedite, you have exhausted your remedy in the trial court and opened a path to the appeal court. The trial court realizes that, especially when you remind the Magistrate, and will likely rule on your application(s) in an expeditious manner.

If you want to be more aggressive, file an RTI application asking the number of DV cases/petitions the Magistrate has pending before him in the last two years, the number of DV cases he has disposed in the last 12 months, and the reason why he is unable to rule on your interim maintenance applications. This will send a clear message to the Magistrate...

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