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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Ashok Meghwal, S/o. Baldev Ram – Appellant
Versus
Nirmala Devi, W/o. Ashok Meghwal, D/o Shimhu Ram – Respondent
Based on the provided legal document, here are the key points relevant to your inquiry:
The court clarified that interim maintenance under the Protection of Women from Domestic Violence Act (2005) does not require an affidavit in non-ex parte proceedings. This aligns with the Act's primary goal of protecting the aggrieved party from destitution and vagrancy (!) (!) .
The provisions specify that affidavits in Form III are only necessary when seeking ex parte orders, which are orders passed without the respondent being present or participating in the proceedings. Since the proceedings in this case were not ex parte, the filing of such an affidavit was not mandatory (!) (!) (!) (!) .
The court emphasized that the proceedings for interim maintenance are typically bi-parte, involving both parties, and that the absence of an affidavit under Form III in such cases does not invalidate the order. The respondent had filed the required affidavits in the prescribed format, and the petitioner’s argument regarding non-filing of a specific affidavit was therefore not tenable (!) .
The court acknowledged that while it might have been preferable for the trial court to decide all pending applications before passing the interim order, the primary concern of preventing vagrancy and ensuring the welfare of the aggrieved party justified the order even if some applications remained undecided at that stage (!) .
The revision petition challenging the order of interim maintenance was dismissed, with directions for the trial court to expedite the decision on the respondent’s second prayer in the application, but the order of interim maintenance itself was upheld (!) (!) .
In summary, the legal principles reaffirm that affidavits in Form III are required only for ex parte orders, and in non-ex parte proceedings, the absence of such affidavits does not invalidate interim maintenance orders intended to prevent destitution.
| Table of Content |
|---|
| 1. nature of the revision petition and initial claims. (Para 1 , 2) |
| 2. petitioner's response and denial of allegations. (Para 3 , 4 , 6) |
| 3. arguments presented by both parties. (Para 7 , 8) |
| 4. legal provisions regarding interim orders. (Para 11 , 12 , 13) |
| 5. court's reasoning on the applicability of required affidavits. (Para 14 , 15 , 16 , 17) |
| 6. final order and disposal of the revision petition. (Para 18 , 19 , 20) |
Order :
SANDEEP SHAH, J.
1. The present revision petition has been filed by the petitioner- husband, challenging the order dated 17.10.2024 passed by the learned Chief Judicial Magistrate, Nagaur, in Criminal Case No.76/2023 whereby the learned Trial Court while granting interim maintenance directed the petitioner to pay a sum of Rs.2,000/- per month to each of the respondents from the date of filing of the application under Section 12 of the Act of 2005.
2. Brief facts of the case are that the respondent No.1-wife, along with her children, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as Act 2005 for the brevity). In her application, the respondent No.1 stated that the marriage betwe
Interim maintenance under the Protection of Women from Domestic Violence Act does not require an affidavit in non-ex parte proceedings, emphasizing the statute's intent to protect aggrieved parties f....
The necessity for parties to place on record affidavits and material to assist the court in arriving at a justifiable figure towards interim maintenance.
An able-bodied husband is under a legal obligation to maintain his wife, and lack of disclosed income does not absolve the husband from this liability.
Point of law: Provision of the Section 29 of the Act, appeal lies against any order passed by the trial court but without preferring the appeal, the petitioner has sought for quashing of the order af....
The court clarified the Magistrate's power to grant maintenance without recording prima facie satisfaction of domestic violence and emphasized addressing factual controversies through appropriate rem....
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....
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