Maintenance in dvc
Amit
(Querist) 21 June 2013
This query is : Resolved
Hi,
My filed for maintenance under DVC (sections 18 to 22). Residential order is already passed and I am paying the money.
From what I read, monetary relief in DVC is allowed only when domestic violence is proved. Is this true?
Should I stress on her proving domestic violence first before taking up the monetary relief?
Nadeem Qureshi
(Expert) 21 June 2013
no, there is a procedure in DV for interim relief too
Amit
(Querist) 21 June 2013
Also one more question:
She filed appeal against residential order in sessions court.
After a month, she filed revision petition in the MM court against the decision to enhance the rental amount.
Is this allowed? How can she file for revision petition in Metropolitan court when the appeal is pending in Sessions court?
Amit
(Querist) 21 June 2013
Nadeem, thanks.
Sections 20 and 22 are for interim relief?
So no need of her proving any domestic violence?
ajay sethi
(Expert) 21 June 2013
in her Dv case wife can seek interim reliefs . although DV cases are supposed to be decided within 60 days in relaity it takes around 3years . as such wife needs interim maintenance which is generally granted by courts for her survival .
all allegations in DV case have to be proved .
Amit
(Querist) 21 June 2013
Thanks Ajay.
So what happens to the interim relief order after her allegations are proven false? Will it be set aside?
Also please answer my other question about appeal.
ajay sethi
(Expert) 21 June 2013
if the allegations made by wife are proved false no final reliefs would be granted to wife . generally such cases are settled between parties . if wife is aggreived against order passed by Magistrate she can file appeal under section 29 of DV. appeal cna be filed against all types of orders passed by magistrate act .
since all types of orders are made appealable there was no need to file revision application
Amit
(Querist) 21 June 2013
Thanks Ajay.
Last question, now that she filed appeal and also revision petition, should I ask the magistrate to dismiss the revision petition since appeal is already filed?
ajay sethi
(Expert) 21 June 2013
draw attention of the court to provisions of section 29 of DV act wherein all orders are appealable and of pendency of appeal in session court . let court pass appropriate rders
Amit
(Querist) 21 June 2013
Thanks Ajay, will act accordingly.
On what basis is interim monetary relief decided? Is this same as CrPC125 or 24HMA?
Adv Archana Deshmukh
(Expert) 22 June 2013
If the woman subjected to dv is unable to maintain herself then interim relief is granted which will be in force till the final judgment.
Rajendra K Goyal
(Expert) 22 June 2013
Agreed with the expert Adv Archana Ji.
In the query, the author has written Ajay, possibly courtesy warrant to write Ajay Sir, Author is approaching for some guidance,also in age and experience the Expert Ajay Sethi ji is senior. However, the courtesy and decorum shows the decency of the author.
