Interim maintainence
trumit sumaria
(Querist) 14 October 2014
This query is : Resolved
i want to reduce the interim maintainence, should i go for revision or appeal and under what section. the order is passed u//s 23 of dv. moreover i dint know that the order was passed 2m back as the case had come to a halt. what to do in this situation it is a delayed for appeal or revision? pls help its urgent
ROHIT SHARMA
(Expert) 14 October 2014
1. You can file an application u/s 127 of Cr.p.C. before the same court that has had passed the order for reduction in the maintenance allowance. You need not go in for appeal unless you want to contest such order in tototto.
trumit sumaria
(Querist) 14 October 2014
why will the same judge revise or reduce the maintainence ?he is the senseless judge i ever saw. on the day of order i and my adv were not present still he's marked as present. and moreover my salary my salary is only 4000/- pm and he passed an order of rs 5000/- pm on basis of my i t 3yrs old
Rajendra K Goyal
(Expert) 14 October 2014
Take a copy of the order and immediately file an appeal.
ajay sethi
(Expert) 14 October 2014
apply for certified copy of order . file an appeal against impugned order passed under Dv act before sessions court
trumit sumaria
(Querist) 19 October 2014
i want to know what does stay on interim maintainence mean. i have appealed in session court for reducing the interim maintainence. how much arrears will i have to pay? on the old order amt or revised amt.?then will i get stay on it? will i have to pay the regular monthly maintainence after that stay also? pls explain me .
ROHIT SHARMA
(Expert) 19 October 2014
1. You see, if you make an appeal to the sessions then first you will need to pay 50% of the outstanding maintenance amount ordered by the trial court. If this appeal is admitted the the order of the trail court is deemed to be suspended and no stay order is given.
2. As instead i have suggested that you file an I.A. before the same trial court u/s 127 Cr.P.C. seeking alteration of the maintenance sum.
