Interim maintenance order quashing
Harish Doulatramani
(Querist) 17 July 2024
This query is : Resolved
hello, my name is harish and i am from Mumbai. Recently in spite of filing my affidavit of assets and liabilities and bank statements the MMC has passed an interim maintenance order under dv act more than my declared income. the logic applied is weird and i wish to challenge it. The DV suit was filed 6 years ago and I don't have the money to pay 50% of the arrears to challenge it. I am apprehending arrest and expecting my wife to file a distress warrant. I need help to understand which court to file an appeal Sessions or High Court? Will the court accept my petition without making any payment? And till i get a stay how can i avoid getting arrested and how do i counter distress warrant ? is an appeal sufficient or a stay order is also compulsorily required to counter a distress warrant ?
T. Kalaiselvan, Advocate
(Expert) 17 July 2024
The court will not pass any orders to arrest you so soon especially if you have already filed a revision petition to revise or set aside the interim maintenance orders.
You can file a revision petition before high court along with an application seeking to stay the operation of the orders of trial court in this connection
Harish Doulatramani
(Querist) 19 July 2024
Will my application be accepted without making any payment ?
Harish Doulatramani
(Querist) 19 July 2024
For filing a revision petition and challenging the order do I compulsorily have to make any payment?
T. Kalaiselvan, Advocate
(Expert) 19 July 2024
The high court may pass an order to deposit at least 50% of the arrears amount in order to give you a temporary relief of staying the operation of the trial court order in this regard.
Harish Doulatramani
(Querist) 20 July 2024
And if I cannot deposit any money then will my petition be rejected ?
T. Kalaiselvan, Advocate
(Expert) 20 July 2024
Have you filed the revision petition before high court, if not file one immediately, you will come to know the decision taken by high court once the case is decided.
No judgments can be predicted
