Can interim order be reviewed?
Can interim order be reviewed?
The 2018 judgment had laid down that a revision of interim order is not maintainable, considering that an interim order does not give rise to rights and liabilities of the parties and shall continue only till a final order is passed. Therefore, a revision petition in this regard will not be maintainable.
Can an interim maintenance order be appealed?
Court held that since the petitioners had been awarded interim maintenance for the same period and no appeal had been preferred against the said interim order, an application under Section 125 CrPC for seeking interim maintenance for the same period was not maintainable.
How is interim maintenance decided?
The concerned court must endeavour to decide the interim application for interim maintenance by a reasoned order within four to six months of the affidavits of disclosure being filed before the court. These directions may be modified by the concerned court if the case so requires.
What is interim maintenance?
before the concerned Court, for fixing the permanent alimony payable to the spouse. An order of interim maintenance is conditional on the circumstance that the wife or husband who makes a claim has no independent income, sufficient for her or his support.
How do you challenge an interim maintenance order?
The interim maintenance order can be challenged in the high court by preferring an appeal. Family court’s interim order under Section 125 cr. p.c. is appealable before the Division bench of the concerned High Court. There is no necessity for writ.
How is interim maintenance decided in India?
Guidelines regarding Payment of Interim Maintenance: At present, the issue of interim maintenance is decided on the basis of pleadings, where some amount of guess-work or rough estimation takes place, so as to make a prima facie assessment of the amount to be awarded.
Can earning wife claim maintenance?
Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc. …
How do I stop interim maintenance to my wife?
- you can file petition for restitution of conjugal rights but you cannot force your wife to stay with you .
- if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court .
- even if you take personal loans your maintenance wont be reduced .
