Does she have to prove cruelty to get maintanence in DV

@ Author


1. DV Act works on prime facie way. Means if she has got admitted prime facie way her DV complaint suit with various ‘reliefs prayed’ then at initial stage once mediation / reconciliation efforts fail all she had to do is sing prime facie song that is all which makes this Act winner of coveted Bharat Ratna among all current Family Laws. 


2. Ask yourself what difference does it make to a prime facie branded person if he murders one or a dozen people, well the prime facie relief is going to be the same in DV Act and ld. Magistrate if made to realise this very fact of her filing Diorce suit on cruelties ground, then he/she can proceed with main trial that is ask her for evidences as civil court is seized with dispensing of maintenance relief first!.

interim order is passed on prima-facie matter but for final order, she would have to prove domestic violence.

Under Section 13(1)(ia)of The Hindu Marriage Act,1955,Cruelty is one of the  grounds for getting Divorce.The burden of proof lies on the appellant to prove the degree of cruelty. However Under Section 498A of IPC a spouce can file a suit under Domestic Violence. In any proceeding for divorce,if either of the spouce has no independent monthly income,an application for inerim maintenance can be granted by the court under section 24 of HMAct.

A.P.Manoranjan,Advocate(AP)