bb (sm) 16 November 2013

Interim maintenace in dv act valid for intrim in sec 24hma

Dear Experts,

1) Interim Maintenance decided under sec 12 DV act by civil court is Rs.2000/- monthly.

2) Decision of Interim maintenance by family court u/s 24HMA is pending.

3) Now case of interim maintenance is pending in family court. And my advocate says that family court can order for some different amount of interim maintenance and family court is not bound by civil court decision. I am not satisfied with views of my advocate.

4) Now I have only one left for submission of my reply to family court for sec 24HMA.

Question: 1 whether i can submit copy of decision given under DV act in reply of 24HMA. and whether family court accept and consider it for interim maintenance.??

Question: 2. Is there any ruling by High court or supreme court to accept decision made in case of interim maintenance by family court of civil court. Or Family court is not bound to accept decision of civil court.??

Suggestions required for: Latest ruling of High Court or Supreme Court regarding these type of interim maintenance decision.. (As my advocate is not much serious about my case)

Bhatt

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Advocate Ashok Kumar (Counsel) 29 November 2013

Dear Bhatt,

You should see the relevant section under the The Protection Of Women From Domestic Violence Act, 2005. Section 12(2) of the Act states that "Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, or any other law for the time being in force, be executable for the balance amount, if any, left after such set off. Hence the family court is not bound by the decision of the civil court in this matter and may order for a different amount as maintenance. However, the decision of the court does count as a guiding factor in determining the maintenance amount. It is left to the discretion of the family court to decide the quantum of the amount. If you need better legal advise, I would like you to contact me at 09555507507 or send me an email at info@lawkonect.com.

Regards,

Advocate Ashok Kumar; www.lawkonect.com