Maintenance order under section 18 of the hindu adoptions and maintenance act 1956

Toni S. Sachdevani (Querist) 04 May 2012 This query is : Resolved
Dear Sirs,
Maintenance Order under section 18 of the Hindu Adoptions and Maintenance Act 1956, has been passed by the court directing the husband to pay wife Rs.XXXX/-

The said Act does not anything about Appeal, so under what provisions the Appeal or any other proceeding be preferred and within how many days.

Any case law???

Thanks & Regards,

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SAINATH DEVALLA (Expert) 04 May 2012
The only option is appeal against the order in the high court.Its the descretion of the high court whether the appeal is maintenable or not.The orders passed under section 18 of HAMA are interlocutory orders. hence the appeal may not be maintanable, so either you have to go for a review under section 114 order 47 Rule 1 CPC or you will have to file a writ petition under Article 226/227 in High court.You will have 30 days time from the date of the order.

V R SHROFF (Expert) 04 May 2012
Agreed with Mr. Devalia.

Mtn for women & children is always allowed. If Quantum is excessive, compared to Hus income, then only try it,
Is order interim or final?? u must be knowing actual income of ur client.

adv. rajeev ( rajoo ) (Expert) 04 May 2012
You challenge it in the high court

Shonee Kapoor (Expert) 05 May 2012
High Court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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