Legal Question in Family Law in India

Can Interim monitory relief be given under Domestic Violence Act.

Monitroy Relief can be given u/s 20 of Domestic Violence Act at the time of Final disposal of the application received u/s 12 and if domestic violence is proved.

Power to grant interim relief is given to a magistrate u/s 23 (1) & (2) of the Act. The magistrate has ordered maintenence u/s 23(1) as interim relief.

Magistrate has given huge amount of maintenence as interim order based on one sided stroy of the wife. Appeal of this order failled in session court.

I have challanged this in high court under revision. We have taken the stand that the magistrate does not have power to grant monitory relief at interim stage without acertainig whether DV was caused or not. We also taken a stand that monitory relief can be given only at the time of disposal of recieved application u/s 12. No interom relief can be given u/s 19, 20 and 22 of the act. Only interim reliefs u/s 17,18 and 21 may be given by the magistrate.

I want opinion on the above point and also would require some citations which i can quote to the high court judge. The judge is somewhat convinced to the above argument and has asked for citations to support the above argument.

Thanks in advance

Gaurav


Asked on 9/11/09, 8:54 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is no where mentioned in the DV act that the magistrate cannot grant monetary reliefs as an interim relief. there s no bar to it and no condition precedent that the complaint has to be disposed off as a whole for grant of monetary relief.

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Answered on 9/11/09, 12:48 pm


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