Order on IA is passed by magistrate court
My wife has filed maintaince case on me in a magistrate court under section 23 of pwdv act. right now it is in petitioner evidence stage..
I received the ex-party Interim order as notice then I appointed a lawyer for my case. He is attending the case for objection and hearing and along with that he has gone for appeal for that order in the session court which is in Notice stage.
Recently Order on IA is passed by magistrate court on 23rd august 2024. After seeing the order I found that my lawyer has NOT submitted any of my documents related to by salary, assets and liabilities...(he has cheated me). So I am taking NOC from my current lawyer and hiring a new lawyer for my upcoming hearings.
what I have to do now.... can go for another appeal in the same session court for the order on IA also...
IN THE COURT OF JUDICIAL MAGISTRATE TRAFFIC COURT-I AT MAYOHALL, BANGALORE. Present : Smt.Neelam Nitin Rao Judicial Magistrate Traffic Court-I,Bengaluru. DATED THIS THE 23rd DAY OF AUGUST 2024 Crl.Misc.No. 57/2024 Petitioner : Mrs. Burgadda Venu Madhuri V/S Respondent : Mr. Ashok Kumar Atmakuri ORDER ON IA FILED BY PETITIONER UNDER SECTION 20(a) and (d) r/w Section 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT. Petitioner filed interlocutory Application, U/s. 20(a) & (d) r/w Section 23 of The Protection of Women from Domestic Violence Act, seeking exparte ad interim order to direct the respondent to pay, the Complainant a sum of Rs. 15,000/- per month and Rs.15,000/- per month to the daughter born from the wedlock of the complainant and respondent.
Order passed as below
6. Despite granting sufficient opportunities respondent has not filed any objection to this IA. He has not filed his Assets and Liability affidavit, despite repeated directions to file Assets and Liability affidavit. Hence, Assets and Liability affidavit is taken as not filed.
7. Heard learned counsel for petitioner. Sufficient opportunities granted. Respondent though present has not submitted any hearing. Hence hearing on IA by respondent is taken as heard. Liberty to file written arguments was granted.
8. The followings points arise for my consideration:
Point No.1: Whether instant IA deserves to be allowed ?
Point No.2: What order ?
9. My answer to the above points are as under:
Point No. 1: Affirmative in part
Point No. 2: As per the order for the following reasons
REASONS 10.
Point No.1: Instant petition was filed by petitioner U/s. 12 of PWDV Act seeking various reliefs from respondent. It is the main allegation of petitioner that respondent has caused all soughts of domestic violence. More particularly, he subjected her to economic abuse. She was working earlier. Now she is unemployed and she finds it difficult to lead her day to day life