2009 CRI. L. J. 107 ::2009 (1) ALJ (NOC) 112 (BOM.) ::2009 (1) All LJ NOC 112 ::2009 (1) ALJ 112 ::2008 (6) AIR Bom R 297 ::2009 (1) AJHAR (NOC) 366 (BOM.) ::(2014) 1 MarriLJ 784 ::(2008) 2 BomCR(Cri) 913 ::(2009) 2 RecCriR 905 ::2009 (1) DMC 712 ::(2009) 2 Mh LJ (Cri) 330 ::(2009) 3 Crimes 215 ::2008 All MR(CRI) 2845

Bombay High Court

Hon'ble Judge(s): A. S. Oka , J

(A) Protection of Women from Domestic Violence Act, 2005 S. 12, 23, 37 — Protection of Women from Domestic Violence Rules (2006), R 7 — Interim maintenance — During pendency of petition filed under S 12 — Can be granted — Filing of separate application for interim relief under S 23 not necessary — However opportunity of hearing has to be afforded to respondent before granting interim relief {" Sub-section (2) of Section 23 read with Rule 7 clearly shows that there is no requirement of filing a separate application for interim relief under Section 23 of the said Act. Apart from these two provisions, sub-section (2) of Section 28 of the said Act provides that the Court is empowered to lay down its own procedure for disposal of an application under Section 12 or an application under sub-section (2) of Section 23 of the said Act. Therefore, there is no requirement of filing a separate application for grant of interim relief under Section 23 of the said Act. However, while considering the question of granting the ex parte ad interim or interim relief, the learned Magistrate will have to consider the nature of the reliefs sought in the main application under Section 12(1) of the said Act inasmuch as an interim relief under Section 23 of the said Act can be granted in aid of the final relief sought in the main application. On the basis of an affidavit in Form III prescribed by the rules, in a given case, learned Magistrate ca....