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iftekhar Malik (Advocate)     08 October 2018

interim order in maintenance case

Respected sir in the year 2015 I filed a maintenance case on behalf of two unmarried daughter against get father and the ld court asansol in the year 2017 passed an maintenance amount against her father rupees 5000 per month.
that after passing the order father of my client filed an maintenance case against her daughter that he have no source of income and after receiving notice I filed a petition of non maintainability before the court but without rejecting or accepting my petition the court pass an order of interim maintenance of rupees 4000 against her daughter who is unmarried till now and also receiving a sum of rupees 5000 from her father .
sir can a court pass such kind of order without hearing interim mainatnce petition and against the daughter who is not have any source of income and spending their life by receiving mainatnce ammount from her father .
can I filed review petition before the court .

kindly help me sir


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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     08 October 2018

Dear querist,

 

Order from court is unjust, without application of mind.

You may file revision or approach High court as this against the set principal of law.

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

iftekhar Malik (Advocate)     08 October 2018

Respected sir Supreme court held that in the year 2017 that no application will be entertain against the interim order of maintenance because it is a interlocatory order.

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