Before granting an interim relief, an opportunity of being heard has to be afforded to the respondent

Before granting an interim relief, an opportunity of being heard has to be afforded to the respondent

Vishal Damodar Patil vs Vishakha Vishal Patil

Bombay HC

20/08/2008

MANU/MH/1323/2008; 2008 (6) AIR Bom 297; 2009 Cri. LJ 107 Bom

About/from the judgment:

Sec 28(2) Domestic Violence Act!

 

In para 6:

…… However, while considering the question of granting the ex-parte ad-interim or interim relief, the Magistrate will have to consider the nature of the reliefs sought in the main application under 12 (1) of the said Act in as much as an interim relief under section 2 of the said Act can be granted in aid of the final relief sought in the main application. On the basis of an affidavit in Form III prescribed by the Rules, in a given case, learned Magistrate can grant ex-parte ad-interim relief. However, before granting an interim relief, an opportunity of being heard has to be afforded to the respondent. The respondent can always file a reply to the affidavit.

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