Francisco Dias v Francisca D’Souza, MANU/MH/0888/2011 Bom
The wife filed an application under section 12 of the DV Act against her husband seeking maintenance. The magistrate directed the husband to pay an amount of Rs.10,000/-p.m. as maintenance to the wife. The husband filed an application for recall contending that during the trial he was not given an opportunity to lead evidence and cross examine the wife which was dismissed. Aggrieved, the husband filed a writ petition in the High Court. Setting aside the order of the magistrate, the Bombay High Court held that the order causes serious prejudice to the wife and directed the husband to pay an amount of Rs.20,000/- to the wife as cost.