need advice
Manoj Choudhary
(Querist) 08 October 2010
This query is : Resolved
Can Interim maintinance order be passed without any proof or witness by the judge of family court. I can prove cruelty of wife and her family members in court and also can prove that she is self employed. If interim order passed in favour of wife, is it Appealable, if yes do the husband have to pay some amount to wife before appeal. Do wife have to hire lawyer for that appeal as well
R.Ramachandran
(Expert) 08 October 2010
If the judge is convinced of the pleadings, he can certainly grant interim maintenance.
If any one is aggrieved by the grant of interim maintenance, they can apply for vacation of the same by submitting their points and proof.
Kirti Kar Tripathi
(Expert) 08 October 2010
Grant of interim maintenance is discretion of the court, usually exercised by it after prima facie satisfaction on the basis of pleadings and circumstances. it can grant interim maintenance even without any proof or witness. the remedy against interim maintenance depends under which provisions it was made. since, it is an interlocutory order, different views of various court are available. however, making of vacation of order before the same court, alongwith full material is one of the option, which a party may adopt.if the order is passed under section 125 Cr.p,c, a re
Sarvesh Kumar Sharma Advocate
(Expert) 08 October 2010
it is discriation of the court to give intrime releif & u have the remedy to file revision.
Guest
(Expert) 08 October 2010
yOU MAY FILE A REVISION TO SESSIONS COURT/HIGH COURT.THANKS.
Manoj Choudhary
(Querist) 08 October 2010
One lawyer told me that I have to pay all due interim maintenance to her since the date of petition and then I can go for revision. Is it true If yes then what is the use of revision if I pay the amount. Or where I can go for revision(same court or higher court). If I go for revision then still I have to pay meintinance every month or it will be stayed till the revision done?. Does she also have to hire lawyer for revision also
Please help
R.Ramachandran
(Expert) 08 October 2010
Yes, Revision court will insist that the interim maintenance be paid before the revision petition be taken up. It is only to ensure that the wife should not suffer for want of interim maintenance, and the husband should not be allowed to take recourse to the revision without paying the interim. Whether the stay will be granted or not will depend upon the veracity of your case and whether the court gets satisfied with your version or not.
pawan sharma
(Expert) 08 October 2010
I ALSO AGREE WITH THE EXPERTS.
Chanchal Nag Chowdhury
(Expert) 08 October 2010
I am ignorant of any provision of law which says that the interim maintenance has to be paid as a condition precedent before the revision petition can be taken up.
The revision court, however, in its discretion,may direct the payment of interim maintenance as a condition precedent for stay of further proceedings in the court below.
Devajyoti Barman
(Expert) 08 October 2010
Right. It is wrong to hold that the revision calls for payment of past dues. At the most it pass order to pay such amount as it thinks fit during the pendency of the revision.
Amita Chaudhary
(Expert) 08 October 2010
well its a Delhi High Court Judgment whereby it has been made a pre condition and in complaince of that judgment only the Courts in Delhi are insisting as i am aware of....well its upto you to engage an advocate for appeal or not ....
