There is no need to file separate application for interim relief under Domestic violence Act
In this connection one can refer to the judgment delivered by this Court in Vishal Damodar Patil ..vs.. Vishakha Vishal Patil; 2008 (6) AIR Bom R 297 wherein it is observed that there is no need to file separate application for interim relief under Section 23 of the said Act. The only requirement is to hear the parties concerned. In the present case, the learned trial Judge has undoubtedly heard the applicant as well as non applicant and has passed an interim order. To that extent, in the absence of regular application for interim maintenance, passing of order dated 07.04.2008 cannot be faulted with.
5. The point as regards calling of the report from the Protection Officer or Service Provider is concerned one will have to interpret provisions of Section 5
12 of the Act and the said interpretation has to be in favour of the person, who is in need of maintenance and in particular interim maintenance. Report from the Protection Officer or Service Provider has to be gathered and it would assist the Court for the purposes of doing complete justice in the matter. At the same time, it is expected that the trial Court has to pass an interim order as early as possible. If the trial Court, who is required to pass an interim order, keeps on waiting to get the report of the Protection Officer or Service Provider, it would entail the delay and the idea of considering the case of a needy person at the interim stage will be actually defeated. Therefore, I am inclined to observe that it is not necessary in each and every case to obtain a report from the Protection Officer or Service Provider to decide application for interim relief. If on the basis of record before the Court, the Court is in a position to arrive at a just and proper conclusion, it will be open for the Court to do so and decide the matter accordingly. In the present case, the applicant had filed reply to the applicationfiled by non applicants and, therefore, necessary material was before the learned trial Judge to decide the question whether interim relief should be granted. The record has been considered and order has been passed.
Bombay High Court
Nandkishor S/O Damodar ... vs May Include A Relief For Issuance ... on 5 August, 2009
Bench: R.Y. Ganoo
