Court : Patna
..... they led complaints before learned subdivisional judicial magistrate, katihar under the provisions of section 12 of the protection of women from domestic violence act, 2005. ..... further, on reading of section 23 of the act, it is clear that the interim power has been given for an interim protection from domestic violence. ..... the said complaints having been filed alleging 'domestic violence', as such, application for interim relief as provided under section 23 of the said act were filed for grant of ad interim maintenance. ..... in my view, prima facie there are great doubts whether such a complaint, which is nothing but virtually a partition suit, would at all constitute domestic violence within the meaning of act. ..... all appears to be an ingenuous drafting and jugglery of words virtually resulting in a partition suit being decided in a domestic violation case which, on the face of it, would be arbitrary and on strength thereof conferring power to decide maintenance aspects in this jurisdiction would clearly be beyond jurisdiction. ..... 10,000/- to each per month and that too retrospectively from 2006, the date of enforcement of the said act which was 26.10.2006 even though the complaint itself was filed in 2008 and an application for interim relief filed subsequently. ..... petitioner 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. .....
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