Urgent query in dv act case

Dear Experts,

The MM court had ordered in the Interim Maintenance application U/s.23 that I should pay interim maintenance @ Rs.4,000/- per month from the date of application and provide alternate accomodation or pay Rs.2,000/- towards the rental from the date of order. I arranged for an alternate accomodation at the same place where I stay and where her shared household was and submitted the Leave & License agreement to my wife in court and also a copy to the MM court.

You have to understand one thing, in DV case, even if u/s 23 of the act if something has been ordered under exparte orders, the same can be challenged in Sessoins Court, but there too, only if an act of Domestic Violence should have been committed or the petitioner [you] should be in a position to commit an act of Domestic Violence, then only relief will be given.  In short, No domestic violence = No relief under PWDVA 2005.

Now her advocate has moved a general application in court which is not under any Section of DV Act and has prayed that my wife is not willing to stay near her shared household as she has filed 498A also and she fears for her life. Her advocate has prayed that the court should order me to arrange an alternate accomodation near her parental house.

In the mean time I have challenged the order in Session Court as my take home salary is just Rs.6400/- after paying my home loan EMI and out of which MM has ordered me to pay Rs.6,000/- to my wife. I have old parents whom I have to support.

Q1) My query is whether the MM can review/change his order now and under what section of DV Act. there is no change of circumstances. She only wants more money as she knows I will not be able to provide alternate accomodation near her parental house as it is expensive. So I'll have to pay Rs.2,000/- in cash to her. that is what she wants.

Q2) Since now the matter is with Sessions Court, can the MM proceed with the application.

Parallel proceedings not allowed.  Same case cannot be tried at two different courts that too when the matter is in Sessions Court, call of LCR would have been done.

Q3) They have also filed a recovery application for arrears. I cannot pay the maintenance amount awarded as I won't be left with anything for myself. Hence I have challenged the order in Sessions Court. I have paid Rs.7,000/- till date out of Rs.48,000/- of arrears.

Please advise as I am very tensed.

Thanks & Regards,

Anis