interim maintenance under section crpc 125
Praveen Singhal
(Querist) 07 January 2011
This query is : Resolved
My question is related to interim maintenance under section crpc 125.
Lower court had decided Rs 5000/- as interim maintenance. IInd party had filed a revision to enhance the interim maintenance on the ground that the decided one is very meagre. On the basis of unauthenticated copy of bank statement of my salary account - session court enhanced interim maintenance to Rs 17000/- pm.
Further i went to high court on the ground that the decided interim maintenance by session court is beyond its jurisdiction - IInd Party should file application under section crpc 127. IInd ground - unauthenticated copy of bank statement.. For the time being high court has lowered interim maintenance to Rs 10000/- pm.
My Qs are - 1> Should i move to supreme court to revert to Rs 5000/- pm ? 2> Whether the application can be filed by IInd party under 125 revision to enhance interim maintenance ? 3> Has session court has jurisdiction to enhance??
Ajay Bansal
(Expert) 08 January 2011
First of all you should press all of your pleas before The High Court. If High Court does not give you relief, then you can go to S.C.
Satyendra Kumar Pandey
(Expert) 08 January 2011
The maintenance granted by Hon'ble High Court is interim in nature and if you move to supreme court then your application is rejected on the grounds of interlocutory order.so press all your pleas before the Hon'ble high Court and wait for the final orders from them and thereafter take steps accordingly as you like.
feels free to contact with me any time on 8955652241.
Amit Minocha
(Expert) 08 January 2011
The case is still in progress and you may not expect much relief from SC specially when HC has lowered the amt. It may be enhanced also, be careful. also regarding the bank stmnt authenticity are you denying its genuineness and transactions there of? Finally the party has the right to revision provided there are changes in circumstances of the payee (i.e. increase in income) Thx...amitminocha@yahoo.com
valentine thakkar
(Expert) 08 January 2011
Interlocutory orders are now allowed to be appealed against by paying the half of the due amount. However, in your case you have already appealed to the Sessions Court and then to the High Court and hence you have already availed of the option. Now only final order can entitle you for appeal. Besides, since both upper courts have enhanced and then lowered the amount but this lower amount is also higher than the originally ordered amount, your chance of getting the maintenance allowance reduced is very slim. Play carefully.
