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kumar   03 September 2016

Interim maintanance u/s 125

can we challenge family court interim maintanance order u/s 125 in high court


Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     03 September 2016

Yes, maintenance order passed by Family Court can be challenged in High Court.

Laxmi Kant Joshi (Advocate )     03 September 2016

You can challenge it in the sessions court .

Advocate Bhartesh goyal (advocate)     03 September 2016

The order passed by Magistrate can be challenged in session court but querist has specifically mentioned that" order passed by Family Court" which can only be challenged in High Court.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     03 September 2016

Yes. If it is an order passed under any provision of the HMA then an appeal lies before the HC. In case it is an order passed by the family court under 125 Crpc proceedings,then the correct remedy is a revision. You may view the landmark delhi high court judgement in Manish Aggarwal vs Seema Aggarwal.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Nitish Banka (lawyer)     03 September 2016

Yes revision is maintainable if you wish to reduce your interim maintainence go through this link.

https://lexspeak.in/2016/09/interim-maintenance-reduced-judgments/

Nitish Banka

9891549997

Sudhir Kumar, Advocate (Advocate)     09 September 2016

 how many threads you have opened

https://www.lawyersclubindia.com/forum/Interim-maintanance-u-s-125-141673.asp

https://www.lawyersclubindia.com/experts/Rcr-615526.asp

https://www.lawyersclubindia.com/experts/Divorce--615221.asp

https://www.lawyersclubindia.com/experts/Purush-dhan-615501.asp

 

what do you think you are gaining by spreading facts in different baskets (except wrong advise based on half facts)


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