Hi All Experts,
Generally in the DV act case hon'ble metropolitan megistrate granted interim/main maintenance to wife/child under different provisions in section 18-22 of act.
when husband approaches session/high court they have first to asked arrears of maintenance before entertaining their appeal for maintenance. Hon'ble high court of Delhi has certain directive in such case vide dated 26/02/2009 by Justice S.Muralidhar in CRL.M.C 1859/2008, 3089/2008 & 11390/2008 "Rajeev Preenja Vs Sarika & oths"
Hence husband endup paying all the maintenance arrears just to entertain his appeal by higher courts hence again he is trapped by our esteemed justice system. i have recently once such case and there is no remedy or judgement provided by Hon'ble supreme court in this issue. hence i expect suggestion/reply by all experts in this matter. queries are as follows:
1. Is there any supreme court jugement exist against such order as mentioned above which could give relief to husband in terms of maintenance arrear?
2. is any "ratio decidendi" been set up by Supreme court to entertain maintenance appeal without submitting maintenance arreras?
Regards,
Advo Rajeeev
