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Is it illegal to grant maintenance and residence order together?


15-Feb-2023 (In Divorce Law)

If under PWDV act, one of the applicant request the judge for both interim maintenance and residence order simultaneously till the final disposal of the main petition and the judge choose to grant first the maintenance and secondly the resident order but not both together, is it allowed/legal?

Answers (2)

Answer #1
746 votes
Yes as per provisions of Section 23 of Domestic Violence Act the Judge has been empowered to grant both the orders. Yes the judge can pass orders on every application of the Petitioner from time to time.
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Advocate Sandeep Banga

Adv. Sandeep Banga

LawRato Delhi | 5+ Answers
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Answer #2
911 votes
no, it is not illegal to pass interim order underf DWAct and the court may pass order of maintence as well as residence order together, at the time of passing interim order. one more thing which is very relevent is whether whether wife is presently living in matrimonial home or not. if she is living in the matrimonial home, and the other pary is trying to evict her, then court must pass protection order. You may take help from police also to protect your possession at matrimonial home.
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Advocate Vijay Kumar Babbar

Adv. Vijay Kumar Babbar

LawRatoDelhi | 5+ Answers
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