Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Grant of from the date of application - Court has to pass express order that maintenance is liable to be paid from the date of application - Specific reasons for awarding maintenance from the date of application are not required to be recorded...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 23(2) -- Domestic violence - Maintenance - Merely because wife is capable of earning, being a doctor, husband will not be absolved of duty to maintain wife and provide residence - Court below committed error by not giving any sufficient reason for reducing the amount of interim maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 23(2) -- Domestic violence - Maintenance - Merely because wife is capable of earning, being a doctor, husband will not be absolved of duty to maintain wife and provide residence - Court below committed error by not giving any sufficient reason for reducing the amount of interim maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22 -- Domestic violence - Interim maintenance - Final adjudication yet to be decided - PWDV Act is a special Act promulgated for protection of women of weaker section of society - Parameters of granting maintenance under the Act are quite different from the parameters for granting maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance - Appeal - In the matter arising under a legislation meant for protecting the rights of women, High Court should be slow in granting interim order, interfering with he orders by which maintenance is granted to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d) -- Interim maintenance - Wife not entitled to seek maintenance as she failed to comply with order directing to join her husband in the matrimonial house - Even wife did chose to file an application to seek maintenance either for herself or for her children during pendency of application of conjugal..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28, 23(2) -- Domestic Violence - Interim maintenance - S.12 of the Act mandates that before passing any order on such an application, `Domestic Incident Report' has to be taken into consideration - Order to pay interim maintenance, without considering `Domestic Incident Report' is unsustainable and same..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Maintenance - Merger - Principle of - Interim order merges with the final order which further merges with the order passed by Appellate Court - Effective date of merger is the date on which order is passed by Appellate Court unless otherwise specifically provided - Merger is not retrospective - It is..........
