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MITALI THAKURIA
Mousam Paul S/o Sri Arabinda Paul – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. D. Chakrabarty, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. P. K. Deka, learned counsel for the respondent No. 2.
2. This is an application under Sections 397read with Section 401 of the Code of Criminal Procedure, 1973 against the impugned judgment dated 18.04.2022, passed by the learned Sessions Judge, Cachar, Silchar in Criminal Appeal No. 1/2021, whereby the appeal was dismissed and the order dated 19.01.2021, passed by the learned JMFC, Cachar, Silchar in Misc. D.V. Case No. 16/2019, was affirmed.
3. In brief, the case of the petitioner is that the respondent No. 2 herein, who is the wife of the petitioner, filed one Misc. D.V. Case No. 16/2019, under Sections 12 & 23 of the Protection of Women from Domestic Violence Act , 20 05 praying for relief under Sections 18 /19/20/222 of the said Act before the Court of learned Chief Judicial Magistrate, Cachar, Silchar against the petitioner alleging domestic violence and claiming monetary relief for he
Interim maintenance can be granted based on prima facie evidence, allowing for future rebuttal, as established under the Protection of Women from Domestic Violence Act.
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
The court upheld the broader definition of 'domestic relationship' in the Protection of Women from Domestic Violence Act, allowing maintenance claims from individuals in non-legally recognized marria....
Interim maintenance under the Domestic Violence Act is a provisional measure to prevent financial hardship, based on a broad assessment of parties' status, and is not a final determination of entitle....
The court affirmed that the DV Act provides protection based on the definition of 'domestic relationship,' even amid claims of prior marriages, and emphasized the need to utilize statutory appeal mec....
The beneficial nature of the provisions for the person who cannot sustain under the Domestic Violence Act, 2005, and the entitlement of the victim to more relief under the Act.
Section 23 of Domestic Violence Act provides for interim maintenance.
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