INTERIM MAINTENANCE

Querist : Anonymous (Querist) 16 May 2011 This query is : Resolved
I have been awarded interim maintenance u/s 125 crpc. After orders my husband moves the sessions court in an appeal along with copy of one salary certificate (which he didnot file with his reply to 125 before trial Court) and in appeal against the interim maintenance, the appellate court has asked the trial court to reconsider the judgment. My question

1) can the sessions Court pass such orders when case is still going on and it is interim maintenance only.

2) I have heard that Court of MM doesnot have the review power or power to recall its orders ? Is it true , if yes, will it also hold in present case.

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Devajyoti Barman (Expert) 17 May 2011
The husband must have filed a case for revision and not appeal.
Unless I could see the actual order, it is difficult to make any comment. You do not seem to have understood the purport of the order.

Chanchal Nag Chowdhury (Expert) 17 May 2011
1. YES.
2. It does not have powers of review but, in this case,the order has been set aside by a higher court & sent back with certain directions & so, the MM can reconsider the case de novo.

Advocate. Arunagiri (Expert) 17 May 2011
I fully agree with Mr.Chowdhury.

Querist : Anonymous (Querist) 17 May 2011
thanks to everyone

Guest (Expert) 17 May 2011
I agree with Ms. Chanchal Nag Choudhury's opinion.

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