Victim of Greed (Worker) 14 November 2013

Regarding revision petition on interim maintenance order

Hello Experts,

Well to start with, an interim maintenance for minor for Rs. 2,500/- per month was passed by the Bandra Family court at Mumbai in August 2011 as against my in-hand salary of Rs. 8,500/- per month. I was able to pay the amount in time until recently, due to my father's illness, I am finding it very difficult to pay the same. I have an arrears of Rs. 15,000/- to pay for which she had already filed an application for recovery of arrears in the same court. I have filed my say on her application and in my next date (i.e. on monday), I would be asked for argument. As per procedure, the Judge would pass an order directing me to pay arrears on equal monthly basis, for which I do not have any issues.

Now, I questions are :-

1. Can i file a revision petition pleading the court to reduce the interim maintenance amount on the above mentioned facts alongwith evidence ?

2. Will the Judge accept my revision petition after submitting a delay condonation of 2 years ?

3. Will the judge tell me to first pay my arrears and then apply for revision petition ?

4. Will the judge tell me that my revision petition will only be accepted after an order for recovery of arrears is executed ?

Please advice me as I am running the case in person due to financial crisis.

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6 Replies

Victim of Greed (Worker) 14 November 2013

Just to add to my above query is, the interim maintenace order was passed u/s 125 C.R.P.C.

Aazad Sufferer (Advocacy-Family and women oriented laws) 14 November 2013

Dear Victim of marriage,

Here you have missed your chance to appeal with in the limitation period.So,you can't ask relief from your own mistake.If you would faced that interim order out of justice then you would have gone for stay and revision in session court but you missed that.

Now onwards also you can file petition for change of circumstance and make the order revised by forwarding your grievances by proof.

But your arrears can't be waived of or can be reduced and that just because you have accepted such interim orders when that has been issued by magistrate 2 years back.

Good luck.

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T. Kalaiselvan, Advocate (Advocate) 15 November 2013

Ans to your Queries.

1) Yes

2) Discretion of judge,

3) No

4) No

(Guest)

Adding to what MR Kalaiselvan has said.

It also depends on the opposite party lawyer on how they want to move ahead with the case. If they convince the judge the arrears have to be paid, then you will have to pay arrears and after the maintenance is readjudicated new count will start.

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Victim of Greed (Worker) 15 November 2013

and after the maintenance is readjudicated new count will start...

I did not understand sir ??

Also, will the judge consider my revision petition by giving me revision petition no., but would tell me to pay arrears first

Will the judge not accept my revision petition in the first place and tell me to first pay arrears ?

raahat (abc) 22 November 2013

Dear Victim,

It is the interm order of maintainance, as you mentioned that the petioner has already filed the execution for recovering of arears which you have to pay at any cost otherwise you will be excuted in jail terms or order of attachments of your property. At time of final maintainance order you may argue for relaxation .