Court : Patna
..... led complaints before learned subdivisional judicial magistrate, katihar under the provisions of section 12 of the protection of women from domestic violence act, 2005. ..... has challenged such an order, inter alia, on the ground that the power to grant interim relief as envisaged under section 23 of the said act does not contemplate of such a maintenance order.2. ..... in such a situation, i am left with no option but to set aside the impugned orders passed by the learned subdivisional judicial magistrate and affirmed in appeal by the sessions judge by which maintenance, as an interim measure, has been directed to be paid moreso as learned counsel for the petitioner undertakes that to the ..... in the second writ application which he would continue to honour as per the terms of the will and subject to any order that may be passed in testamentary case/suit as between the parties. ..... is simpliciter a money claim being settled and interim order being passed in that regard. ..... agrawal submits that once a court has power to entertain a complaint and law envisages interim orders then the court has all powers to pass any interim order in the matter. ..... learned subdivisional judicial magistrate, this court wonders, on what consideration assumed jurisdiction in the matter and treating it to be virtually like a case of maintenance, ordered for payment of rs. ..... the orders impugned of the subdivisional judicial magistrate and the sessions judge are set ..... it is not an order for interim maintenance that is contemplated .....
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