juris diction of revision of intereum maintanance?

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
sirs, court ordered intereum maintanance u/s 125 main petition without taking my money obligations.as a result i am facing financial problems.
1)can i file for revision in my jurisdiction
2)or i should file in the same court which she filed?
3)any chance for high court of ap to stay?

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Parveen Kr. Aggarwal (Expert) 10 January 2011
You cannot file Revision Petition against order granting interim maintenance.

G. ARAVINTHAN (Expert) 10 January 2011
Section 125 Cr.P.C is under Schedule IX and Family Court's Act bars revision or appeal against interim orders in maintenance case.

You need to approach High Court under Section 482 only

Devajyoti Barman (Expert) 10 January 2011
It s wrong to say that no Revision lies against the order passed as interim maintenance.You can file revision either before the sessions court u/s 397 crpc if the said order is passed by a Magistarte or before the high court u/s 401 crpc if passed by the Magistrate or the Family court. There is no need to fle quashing at the first attempt. Once the sessions court reject the Revision then you can challenge the sad order by quashing u/s 482 crpc.

Parveen Kr. Aggarwal (Expert) 11 January 2011
Mr.Devajyoti Barman,

Section 397(2) of the Code of Criminal Procedure, 1973 bars exercise of revisional jurisdiction by courts in case of interlocutory orders. An order fixing interim maintenance is necessarily an interlocutory order.

"397(2) The powers of revision conferred by sub-section (I) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding."

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