Interim Maintenance under Sec 125 Cr.P.C.

Querist : Anonymous (Querist) 17 May 2011 This query is : Resolved
Can a revision/ appeal be filed against an interim maintenance orders passed by a Family Court in a suit u/s 125 Cr.P.C. wherein the Family Court has, during the pendency of evidence of the Opp. Party, asked the Opp. Party to pay a sum of Rupees 10,000 p.m since the date of filing of the case, which makes the total amount upto rupees 1,00,000/-?

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Guest (Expert) 17 May 2011
yes you can file an appeal in this case and show the proof of the income there what you are earning at this stage

Devajyoti Barman (Expert) 17 May 2011
No appeal arises from the order of interim maintenance.

You have to file Revision in the High Court and the order of effect of the order from the date of application does not suffer from any illegality as it is the very discretion of the Magistrate.

The High Court would unlikely to intervene unless some other cogent grounds are there.

Advocate Bhartesh goyal (Expert) 17 May 2011
Revision lies against interim maintenance order.File revision in High Court.Court has a discretion to allow the maintenance from date of petition.

Jitendar Kumar gupta (Expert) 17 May 2011
file revision in the High Court and get the amunt reduced. you have to pay the maintenance to your wife in this case.
J.K.Gupta Adv. New Delhi
9868529732
guptajkin@gmail.com

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