Whether the complainant can demand maintenance/interim maintenance in domestic violence case.
JAVED AFZAL
(Querist) 27 September 2016
This query is : Resolved
Complainant filed two petition U/s 125 Cr.P.C and domestic violence act. Ld Magistrate ordered interim maintenance of Rs.2000/- and the accused/Respondent became Ex-parte on 29-08-2016 and Ex-parte evidence of three witness of complainant recorded on 27-09-2016. But complainant did not file any application/Interim maintenance application in domestic violence case. In domestic violence case the respondent did not come present in any date. Please guide me what the complainant do now to file interim maintenance application or file the copy of order of interim maintenance application in domestic violence case. Pls guide me.
Raj Kumar Makkad
(Expert) 27 September 2016
Are you respondent or the sympathiser of complainant?
Why are you interested to know about the future step of the complainant from us?
We are not astrologers. ask this question to the complainant or her counsel.
Ms.Usha Kapoor
(Expert) 28 September 2016
Yes! complainant can demand interim maintenance in both section 125 Cr.P.C and DV Act. The court, I mean Family court ultimately would decide taking all interim maintenance proceeding sunder various laws into consideration in clubbing proceedings and arrive at a final figure.
SAINATH DEVALLA
(Expert) 28 September 2016
I sail with the remarks of Sr Adv Makkadji
Rajendra K Goyal
(Expert) 28 September 2016
Author need to reply the questions from expert raj kumar makkad for further advice.
JAVED AFZAL
(Querist) 28 September 2016
Respected Raj Kumar makkad sahib,
I am from the side of complainant. She attend all the case date but the respondent did not attend the court. Pls guide also
Raj Kumar Makkad
(Expert) 28 September 2016
The respondent or complainant both are not required to personally attend the day to day hearing in both these cases. They are required to appear just for their depositions.
Rajendra K Goyal
(Expert) 01 October 2016
Complainant need not attend all hearings, her lawyer can represent her.
