A single judge bench of Delhi High Court held that, if the DV case filer is found to be ineligible to claims any reliefs under PWDV Act, recover the maintenance paid to her along with interest.
From Para 17,
Parveen Tandon Vs Tanika Tandon on 07 Jun 2021
17. In case the Metropolitan Magistrate, after evidence is led, comes to a conclusion that the respondent herein was not entitled to the protection of the DV Act then adequate safeguards must be made to ensure that the respondent returns the amount received by her as interim maintenance in terms of the order dated 26.10.2020, passed by the learned Metropolitan Magistrate back to the petitioner with interest. The rate of interest is to be fiXed by the Metropolitan Magistrate. The learned Trial Court is directed to hear the matter and decide the matter finally within a period of one year.
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