Interim maintenance and alternate accomodation in dv
Never Give Up
(Querist) 21 May 2012
This query is : Resolved
Hello Experts,
Recently hit by DVC. Please give me some links / hints to fight upon blocking of interim maintenance and alternate accomodation...Does judge takes in to consideration proofs before announcing interim maintenance ?
Also could you please let me know procedure / stages of DV case.
How domestic violence have been proved in the court ? Burden of proof lies to whom for DV ?
Rajeev Kumar
(Expert) 21 May 2012
Yes judges took into consideration of proofs,evidences and the depositions of both sides. The burden of prove lies on th prosecution party.
Shonee Kapoor
(Expert) 22 May 2012
The burden of proof is on the girl only.
No blanket advise on judgments which you have asked is possible.
Try www.indiankanoon.org for searching relevant case law.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 22 May 2012
Please note the cardinal rule of citing judgements, it has to meet the facts of your case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Never Give Up
(Querist) 22 May 2012
Experts,
Could you please help me in addressing proof part ? My wife application does not have attached any proof along with the DV petition. Just cases petition in family court and some receipts of posts (reg. ad).
It would be really helpful how would magistrate decide for DV ..what are the proofs that would be considered by MM for having a view that prima facie domestic violence happened.
Please suggest...
sibasish pattanayak
(Expert) 23 May 2012
As per this special law / act of 2005 , the ld. court cam /may pass interim order as exparte with out going thru the case in his/ her hand on merit , the Legislature EMPOWERED THE JMFC to pass such order .
on receiving that order you cam file an application u/s 25 of P.W.D.V.ACT before the same MAGISTRATE with a PRAYER for MODIFICATION, or you go to the appeallate court.
regards,
sibasish pattanayak, Advocate.
