1. The submissions of the learned counsel appearing for the parties were heard on the last date. With a view to appreciate the submissions, it will be necessary to refer to the facts of the case in brief. . The first respondent filed an application under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the said Act). The learned Magistrate passed an order on 4th January 2008 on the said application directing the petitioner-husband to pay interim maintenance at the rate of Rs.1,000/- p.m. The learned Magistrate also directed that the first respondent wife was permitted to reside in a shared house situated at village Shedung, Post Ajiwali, Taluka Panvel, District Raigad. An Appeal was preferred by the Petitioner by invoking section 29 of the said Act. The Appeal was dismissed by the learned Additional Sessions Judge by order dated 15th July 2008.

2. The submission of the learned counsel appearing for the petitioner is that there was no prayer made by the first Respondent for grant of any interim relief. He submitted that in absence of any prayer in the main application under section 12 of the said Act or in absence of an