Change of lawyer by the petitioner
Bhagyashree
(Querist) 03 July 2013
This query is : Resolved
Sir/Madam
I am the respondent in the divorce case. My husband filed the divorce petition in dec 2011. we then submitted our reply applied for interim maintenance and an interim order of Rs,11000/- for me and my minor daughter was made in 1st week of april 2013.
Now i have filed a recovery petion in the last week of may 2013. We also filed a caveat in the high court.
Now the petioner was supposed to give evidence but he has changed his lawyer.
My first query is
1) Can the interim maintenance order be set aside or challenged? If yes in the same court or high court and how much more time can the petitioner have to challenge it?
2)If it is not set aside or challenged how much time the court normally give to pay the maintenence asked in the recovery petition.
3) how much time does the court give the petitioner to make the monthly payments hence forth.
The interim maintenence application was filled under Section 25 of HMA
If he doesnt pay the said amount what could be the course of action the court could take
Regards
Bhagyashree
prabhakar singh
(Expert) 03 July 2013
Do not you have any lawyer there to look after your case.
1.Yes! it can be challenged in the same court or even before high court within 30/90 days from the date of order.
2.No hard fast rule, depends on convenience and inconvenience of either side.
3.Each month by 7th day normally.
Raj Kumar Makkad
(Expert) 03 July 2013
1. It cannot be challenged before the same court rather he has to get it challenge before high court as the order was passed in his presence.
2. The court shall insist to clear the arrears prior to the evidence of the petitioner otherwise his evidence may be got recorded.
3. As replied above.
Check your application shall be under section 24 of HMA and not under section 25.
R.K Nanda
(Expert) 22 July 2013
nothing to add.
