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MrDinoMorea (O)     30 December 2013

Interim orders coming...what to be ready for?

Happy New Year 2014 everyone!

Interim orders for DV case are going to come soon.

1. If the orders are against me, i.e. if the court unfairly announces unreasonable monthly maintenance claimed by my ex wife even though she has not produced any evidence for her false allegations that I am earning sky-high salary, then what step should I take?

2. If the maintenance is less than what she is expecting, can she go to high court to ask for higher maintenance and tailor -made interim orders to suit her demands?

3. If either party goes to high court after interim orders come, then will the proceedings in the magistrate court be stopped for the time being? Or will they proceed as usual?



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2013

Dear Querist

my opinion on your queries are as under

1. If the orders are against me, i.e. if the court unfairly announces unreasonable monthly maintenance claimed by my ex wife even though she has not produced any evidence for her false allegations that I am earning sky-high salary, then what step should I take?

Opinion: you can file an appeal under section 29 of D.V. act 

29. Appeal.- There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

2. If the maintenance is less than what she is expecting, can she go to high court to ask for higher maintenance and tailor -made interim orders to suit her demands?

opinion: she can also has right to file an appeal before session court under section 29 of the DV Act.

29. Appeal.- There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

3. If either party goes to high court after interim orders come, then will the proceedings in the magistrate court be stopped for the time being? Or will they proceed as usual?

opinion: first the parties have to go to session court u/s 29 after the order of session court the parties can file before HC otherwise not.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2014

It is not necessary that stay is given while admitting the appeal/ revision.

 

Regards,

 

Shonee Kapoor 

www.shoneekapoor.com

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