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.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.