Dvc - intrim maintainance
BANDI VARAPRASADARAO
(Querist) 08 April 2017
This query is : Resolved
TRIAL COURT HAS GRANTED RS.10,000/-MAINTENANCE, RS.1000/- EACH FOR TWO CHILDREN MAINTENANCE, AND RS.7,000/- TOWARDS RESIDENTIAL ORDERS. WIFE WENT TO MSJ COURT FILED APPEAL AND APPEAL IS ALLOWED
WIFE MAINTENANCE RS.15,000/-
TWO CHILDREN RS. 5,000/-
(EACH RS.2,500/-)
RESIDENTIAL (RENT) RS.10,000/-.
NOW HUSBAND PREFERS TO CHALLENGE THE ORDER OF MSJ COURT. NOW WHETHER IT COMES TO REVISION OR APPEAL IN HIGH COURT OR 482 CRPC?? APPEAL AGAINST IS CORRECT?
Dr J C Vashista
(Expert) 09 April 2017
It will be revision before High Court.
Guest
(Expert) 09 April 2017
Since you have not mentioned whether it is interim maintenance or final order of maintenance, I will elucidate regarding both
If it is interim maintenance, that is, u/s 23 of the Protection of Women from Domestic violence Act, 2005 then it wont be a revision. It will have to be a writ under Article 227 and/or u/s 482 of the Cr.P.C
If the maintenance granted is u/s 20 of the Protection of Women from Domestic violence Act, 2005 after final disposal of the DV application then it will be a revision u/s 397 r/w 401 of the Cr. P.C.
BANDI VARAPRASADARAO
(Querist) 09 April 2017
It is only on intrim maintenance. Petitioner preferred for appeal against inadequate relief. In her appeal she succeeded for enhacement of intrim order. Now we have to prefer the appeal?/482?/writ? against her appeal.
BANDI VARAPRASADARAO
(Querist) 09 April 2017
It is only on intrim maintenance. Petitioner preferred for appeal against inadequate relief. In her appeal she succeeded for enhacement of intrim order. Now we have to prefer the appeal?/482?/writ? against her appeal.
Guest
(Expert) 09 April 2017
If it is interim then it has to be a Writ Petition. There cannot be a revision against an interlocutory order. Interim maintenance is an interlocutory order and the order u/s 23 of the DV Act can be modified/altered subsequently. Therefore no Revision only writ
Susmita
(Expert) 11 April 2017
I agree with Expert Mr. Bhonde Sir.
Raj Kumar Makkad
(Expert) 14 April 2017
In the given facts, a writ under Article 227 of Constitution shall have to be filed before Hon'ble High Court.
