Maintenance case in family court

Querist : Anonymous (Querist) 10 January 2012 This query is : Resolved
How to challenge an ex parte interim maintenance order of the family court which is in favor of wife of the aggrieved person?

Follow Query

Report Abuse

V R SHROFF (Expert) 10 January 2012
You show the income is less than the mrtn order. Show valid reason for not appearing.

M.Sheik Mohammed Ali (Expert) 10 January 2012
yes, you can put modification of alimoney

Querist : Anonymous (Querist) 10 January 2012
First advice is not applicable.

Querist : Anonymous (Querist) 10 January 2012
Whether the concerned High Court has jurisdiction to interfere in this interlocutory order due to any valid reason?

Deepak Nair (Expert) 10 January 2012
Yes. You can approach the high court to challenge the order.

Rajeev Kumar (Expert) 10 January 2012
You can challenge the order in highcourt

Guest (Expert) 10 January 2012
simply, u just move to the Honable High Court against that order.
further, feel free to call me or mail me the entire matter in details.

Manoj Kumar,
Advocate,
Delhi.
Ph: 09310443650
advocates.agra@gmail.com

Devajyoti Barman (Expert) 10 January 2012
You can challenge such order either in the sessions court or high court; or in the same court under section 126 of crpc.

Raj Kumar Makkad (Expert) 11 January 2012
First of all you get set aside ex-parte order and become able to represent urself in the petition. Then either challenge the order before the same court or may file a revision under section 397 of criminal procedure code before the sessions court.

Querist : Anonymous (Querist) 11 January 2012
To shri Makkad

Since the interim maintenance is an interlocutory order, is it maintainable for revision u/s 397 of CRPC as you said?

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 January 2012
First you apply in the same court for setting aside of EXPARTE order u/s 126 (2) and than move HC if it is not set aside.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 January 2012
And if you want to explore all the methods of defense for which time and resources are needed but sufficient to exhaust the opponent.

Get an order u/s 126 (2) by same court if against to in revision to Session court if not admitted than move HC or even SC.

prabhakar singh (Expert) 11 January 2012
The entire guess and controversy is created by you by having not mentioned the nature of maintenance proceedings.Any way it is exparte and it is better to move the court passed it showing reason by which you could not attend the date fixed.

Devajyoti Barman (Expert) 12 January 2012
Yes revision lies against the interim maintenance as the same is not an interlocutory order.
This well settled position in law.

Shonee Kapoor (Expert) 12 January 2012
Sufficiently advised.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries