Answer By law4u team
The Protection of Women from Domestic Violence Act, 2005 (DV Act) provides comprehensive protection to women facing domestic abuse, including provisions for financial relief. Interim maintenance is a crucial component that ensures the aggrieved woman receives temporary financial support pending the final disposal of the case.
Interim Maintenance Under DV Act
1. Legal Provision – Section 20 of DV Act
Section 20 explicitly empowers the Magistrate to order maintenance to the aggrieved person, including interim maintenance, during the pendency of domestic violence proceedings.
2. Who Can Claim Interim Maintenance?
The aggrieved person under the DV Act, which includes wife, live-in partner, mother, sister, or any female relative living in the shared household.
Maintenance may cover basic needs such as food, clothing, medical expenses, shelter, and children’s education.
3. Nature of Interim Maintenance
Temporary financial relief granted to meet immediate needs.
Can be modified or revoked depending on changed circumstances or final order.
4. Procedure to Obtain Interim Maintenance
File an application before the Protection Officer or the Magistrate.
Magistrate may pass an ex-parte or regular interim maintenance order after hearing the parties.
Evidence of financial need and the respondent’s ability to pay is generally required.
5. Difference from Section 125 CrPC Maintenance
DV Act maintenance is independent of CrPC maintenance and can coexist.
DV Act also covers broader reliefs such as protection orders and custody.
6. Enforcement of Interim Maintenance
The Magistrate has powers to enforce the order, including contempt proceedings.
Non-compliance can lead to penalties, including imprisonment.
Example
Scenario:
A woman facing domestic abuse files a complaint under the DV Act. She has no independent income and is financially dependent on her husband, who refuses to provide any support.
Steps Taken:
She applies for interim maintenance under Section 20 of the DV Act.
The Magistrate grants ₹15,000 per month as interim maintenance after preliminary hearing.
The husband is directed to pay the amount within 10 days each month.
Failure to pay results in contempt proceedings and coercive measures by the court.
Meanwhile, the final domestic violence case continues.
