Hi All,
I have got a very biased and unfavourable order today from the HC. In Domestic Violence Act my brother has been ordered to give Rs 15000 as interim maintenance to his wife who has never stayed with 4 of us and stayed with my brother for only 12 days in a foreign country. Total duration of her stay with him was in a hotel, so legally this should not come under DV ACT which states that two things need to be present to get relief in a DV case :
1. Domestic relationship
2. In a shared household
Now, evidently 4 of us havent stayed with her even for an hour and brother stayed with her in a hotel at Indonesia. We have an evidence from that hotel which further proves her misconduct. Still, sessions court had ordered Rs 40,000 per month as interim maintenance applicable from last year i.e May 2009. We appealed to adl. sessions court where the amount got stayed and jdg mentioned that EVIDENTLY there is no domestic relatiuonship in shared household. So, the order was stayed. Now, she appealed to High Crt where some weird acts were done :
Her appeal was accepted under such articles of constitution which cannot be used against interim maintenance at all
A bailable warant was issued against my brother asking him to submit his IT returns
Case completed today in her favor and though brother is jobless, he is ordered to pay Rs 15000 per month as interim maintenance under DV act in addition to Section 125 interim maintenance of Rs 5000 per month.
Could anyone suggest me if there is any way we can go for revision of this order in the High Court itself ? If yes, under what section ?
Mukesh
