Interim Alimony (IA) needs to be re-applied by wife every year.
Situation:
IA granted, husband did not appeal in the first year due to limitation.
Is husband allowed to appeal if IA is granted in the next year?
jitendraku (CA) 15 July 2015
Interim Alimony (IA) needs to be re-applied by wife every year.
Situation:
IA granted, husband did not appeal in the first year due to limitation.
Is husband allowed to appeal if IA is granted in the next year?
saravanan s (legal advisor) 15 July 2015
he can make a appeal anytime against the interim maintenance not as you mentioned like yearafter year.you are entitled for ia till final decree is pronounced in your case
Anand Bali Adv. (Advocate Solicitor & Consultant) 18 July 2015
Interim orders are not permanent orders these Orders prevail till the final order comes and during the pendency of any final order all Interim orders can be appealed against them in the higher courts or can also be called for review. It is not year by year as you have understood. Mr S Sarvanan has cleared this position in his reply as above.
jitendraku (CA) 20 July 2015
A fresh question on above discussion:
I understood that Interim orders can be appealed anytime during the pendency of the trial.
Does it mean that interim orders are not subject to any limitations act against appeal?
Please note: I am a husband the order is awaited against when I filed RCR u/s 9 HMA and wife replied with an application u/s 24 HMA.