Interim maintenance

rohit (Querist) 09 December 2013 This query is : Resolved
Today interim maintenance order has been passed by the court which is 5000 rupees per month and it should be given from the date from which my wife had applied for it ie past 5 months,is there any way to make this amount lesser or to bring any stay order on it or any order so that i don't have to pay the maintenance for past 5 months

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Arvind Singh Chauhan (Expert) 10 December 2013
If there are proper grounds you may file revision against the order.

rohit (Querist) 10 December 2013
revise should be file in same court or session court or high court ??

Nadeem Qureshi (Expert) 10 December 2013
Dear Rohit
the revision petition can be filed before session court or high court within 90 days of impunged order pass by lower court.
feel free to call

R.K Nanda (Expert) 10 December 2013
agree with experts.

Rajendra K Goyal (Expert) 10 December 2013
Agree, revision should be filed.

rohit (Querist) 10 December 2013
Thank a lot Sir ji.I will file revision petition soon,but till then i don't have to gave maintenance ?? and its so nice of you Nadeem sir..i will call You soon

T. Kalaiselvan, Advocate (Expert) 11 December 2013
Whether you file a revision petition to revise or seeking dismissal of the order, you may have to pay the maintenance amount until you file a petition before high court. Planning to file a revision petition cannot be claimed as an excuse for non-payment of interim maintenance amount. A revision petition can be filed in high court only.

manoj joshi (Expert) 12 December 2013
bro.
u can file appeal in sessions court with in 30 days of judgement and can get stay of paying maintanence and than thereafter u can contest your case

Advocate Ravinder (Expert) 14 December 2013
Once the maintenance is ordered you have to pay the same including arrears. You cannot escape from the liability. But you can pray the court to reduce the maintenance. It is the discretion of the court whether to reduce or not. If the grounds are good, the court may reduce the maintenance. As advised by the above experts you can file appeal in Sessions court and then in High court.