Legal Advice

Husband not appearing in the proceeding under domestic violence act

Query

My husband not appearing in the proceeding under domestic violence act thereby I am not able to receive interim remedies. I have filed a case under domestic violence for the protection order, residence order and monetary relief. The notice has already been sent to the husband through the registered post as well as via the summons of court. He has received the summon and copy of complaint on 12-05-2019 but not appearing the court. His lawyer files exemption application on each date and the court casually granting him time. I am facing financial difficulties due to not getting interim maintenance from my husband. Please help me.

Advice

Section 23 of the domestic violence act empowers the court to pass any interim relief in the absence of the respondent. If the contents of complaint itself prove that the respondent has committed the act of domestic violence, the court has the power to grant interim relief.

In Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736 the hon’ble supreme court has held that magistrate can grant interim ex-parte maintenance to the complainant as the court deems just and proper if the complaint discloses commission of domestic violence.

You should move an application to the learned Magistrate for urgent hearing of your application for interim relief in the absence of respondent (your husband). The aggrieved party is entitled to interim maintenance, to meet the expenses incurred and losses suffered by her and her child as a result of the domestic violence.

If the Magistrate again gives time to the respondent and not willing to decide your case, then you should prefer an application to the high court under section 483 of the code of criminal procedure for the expeditious disposal of interim application. The high court may fix a time period with in which the Magistrate is bound to dispose of your case.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Domestic Violence

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