Protection of Women from Domestic Violence Act, 2005
Sections 12 & 23—Grant of interim maintenance—Revision—Petitioner raised a primary objection regarding maintainability of proceeding, stating that second respondent was no longer the petitioner’s wife at the time of filing the application, as she had already divorced according to Muslim Law—There is no conclusive proof of talaq prior to the institution of the domestic violence complaint—Official documents of second respondent, including her Aadhar Card, showing her address as her matrimonial home—Second respondent alleged domestic violence while residing with the petitioner and sharing same household—She further claims that she was forced to take shelter at her parents’ house after being driven out by the petitioner—In the same time the petitioner could not substantiate the plea that the notices of talak was received or accepted by the second respondent—No error committed by the Sessions Court granting interim maintenance to second respondent and her child—Petition dismissed.
[Paras 14 to 16]