The Madurai Bench of the Madras High Court today ruled that a woman could not be given interim relief and maintenance amount under Domestic Violence Act.
Justice M Sathyanarayanan, allowing an appeal filed by S Jeeva Ashok, the husband of the woman, set aside the February 11, 2011 order of the trial court directing the husband to pay a monetary relief of Rs 10,000 and maintenance of Rs 3,000 per month and return the dowry.
Jeeva Ashok fell in love with Kalarani and married her in June 2004 and a girl child was born to them. Later, there was a problem between the couple and the woman lodged a complaint under DV Act before a Judicial Magistrate Court in Dindigul seeking maintenance and return of dowry artciles.
The Judicial Magistrate directed the husband to give monetary relief of Rs 10,000, maintenance of Rs 3,000 per month and return her dowry against which he moved the High Court.
The counsel for the petitioner contended that the wife's side wanted the interim order to be treated as protection order and enforcement under section 31 of the DV Act. It was not possible to pass an order under DV Act, he submitted.
Justice Sathyanarayanan said the wife could work out her remedy under the provisions of Criminal Procedure Code or any other law.
