The Nagpur Bench of Bombay High court directs the Judicial Magistrate First class, Bhadrawati, to decide the application for interim maintenance within 8 weeks.
"Justice Delayed: Interim Maintenance Application Left in Limbo for Over Three Years"
The Nagpur Bench of Bombay High Court comparising of Justice Nitin M Sambre and Abhay J Mantri has directed the Judicial Magistrate First class, Bhadrawati to decide the application of interim maintenance within a period of 08 weeks. One Rupali Sandeep Petkar filed the petition before the Nagpur Bench of Bombay High Court alleging there in that though the hearing on the application for grant of Interim Maintenance was conducted on 30th March 2022, however the orders of interim maintenance could not be passed. The petitioner Rupali Petkar filed the Misc. Application No. 35/2019 under section 12 of the Protection of women from Domestic Violence Act, 2005 and also filed an application at Exhibit 5 for grant of Interim maintenance. Though, the non-applicant husband is serving in M.S.R.T.C and admitting that petitioner-wife has no source of income. However, the husband has not provided any maintenance to the petitioner Rupali Petkar or her daughter. The petitioner alleges in the petition that though the protection of women from the Protection of women from Domestic Violence Act came to be enacted with a view to grant speedy relief to the victims of Protection of women from Domestic Violence Act and section 12(5) specifically stipulates the time of 60 days for deciding the application file under the provisions of Protection of women from Domestic Violence Act. However, keeping the interim maintenance pending for such a long period is nothing but the travesty of justice. That, the petitioner Rupali Petkar also prayed for the framing of guidelines to decide the applications for interim maintenance within a stipulated period and also prayed for the directions to the respondents ministry of women and child development, New Delhi and Secretary , Ministry of Law and Judiciary , Government of Maharashtra to take appropriate steps including the appointment of Judicial officers for specially deciding the cases instituted under the provision of the Protection of women from Domestic Violence Act. Adv. I.S. Charlewar and Adv. Kadambini Meshram appeared for the Petitioner.
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