Domestic violence act.

Querist : Anonymous (Querist) 12 October 2011 This query is : Resolved
in domestic violence complaint register in the court on date,18/6/2010. then after mater progress for evidence. during this, period,on date. 29/1/2011 applicant give application in the court for intriem relief u/s 23/2 of domestic violence act, court grant this application and pass order to pay maintainace rs.3000. from filng date of main petition of domestic act date.18/6/2010, which date lodge the complaint.what court can pass intriem order from the main application date 18/6/2010? or court should pass the order from such application date 23/1/2011?

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Shonee Kapoor (Expert) 13 October 2011
Court can award maintenance from the date of filing of petition of DV.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 13 October 2011
I think the applicant would have demanded maintenance in the main application and now during the pendency of main application, he filed interim application for granting interim application.

As we all know maintenance is a right of wife so even if the interim application has been allowed from the date of original application instead of interim application, it shall reduce the burden of husband as after all he has to pay maintenance from the date of main application may it be after final decision. So there is no legal abnormality in the impugned order under discussion.