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prakavi (jaipur)     13 February 2015

Is affidavit neccesary for claiming interim u/s 23(1) pwdva

is affidavit neccesary for claiming interim u/s 23(1) pwdva. To clarify i am urging that it is not interim u/s 23(2) pwdva for ex parte interim order .Can any of the learned counsels suggest me a citation for the same

9828153714



 7 Replies

Adv. Chandrasekhar (Advocate)     13 February 2015

Yes. Affidavit is necessary.  Procedure stipulates that interim applications have to be supported by affidavits.  Citations won't be available for such simple things. 

prakavi (jaipur)     14 February 2015

any section,rule citation for the same. I argued that the dv sec 12 application is not supported by affidavit for interim maintainence  under 23(1) interim order other but the magisterate has ordered 30000 rs pm interim inspite of

1.no income proof of my salary on record

2.sec 9 rcr decree in my favour where she accepted to reside with me

3.no affidavit filed by wife with sec 12 application 

i have filed appeal against the order in session court.Pls can u help me.i am exploited by this unconstitutional dv act.

rgds

Pramod 

9828153714

MohanK-700 (Architect)     14 February 2015

Have you filed counter ?

prakavi (jaipur)     14 February 2015

YES I GAVE MY REPLY TO HER SEC 12 APPLICATION .I DENIED THE FACTS STATED BY HER FOR MY INCOME AS 1 LAC PM

prakavi (jaipur)     14 February 2015

I HAVE FILED APPEAL

prakavi (jaipur)     14 February 2015

I HAVE FILED APPEAL

MohanK-700 (Architect)     14 February 2015

Judge has given 1/3 rd of your salary.

Do you have any proof to show to judge about your actual salary ?

If she is working any where try to get proofs and put that in your appeal.


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