Please Help my Cousin , guide him

Rs. 5,000 is not a high amount that your cousin wants to challenge it.

Anyways,what is your cousin's takehome salary?

Depending on your Cousin's monthly income the Magistrate is very much within his power to make such Order.

this is called interim maintenance and the magistrate has no power to review his/her own order. you have to challenge the order u/s 29 of DV Act before the session's court.

" what to file first --a written statement or review application before the magistrate to take review of the order passed?"

- BOTH ARE SEPERATE, REVIEW PETITION first, there you claim injunction over the first case also alongwith the previous judgment, if court disagree for injunction, then file written statement.

Challenge the same before High Court. so that amount may be reduced 

Many other things matter:

1) Is the girl working/employable.

2) Domestic violence has happened or not actually.

Both these things will help to counter her claims in Sessions Court. Fight it to stop maint.

@ Author


I agree completely to Legal Fighter.
 

Only Appeal U/s 29 DVA lies before a sessions Court and or S. 482 CrPC before Hon'ble HC if a strong case made out and not review of a MM Court Order and no que. of injunction at all instead 'stay of lower Court last order' is prayed and she will file written statement or may also do a direct advance arguments all dependent upon merits of the Case.

Thank you people for your help. You mean to say that-- first my cousin needs to file an appeal in the court of session ?  And a prayer would be to "grant stay on lower court's last interim order" right ?  U know, The petitioner filed an application against my brother under DV act under sec 12,18,19,20,22,23.  when he goes for appeal in sessions court against the interim order, what will happen with the other complaints under other sections? does he need to attend regular court hearings at the metropolitan magistrate court also? or hearing at lower court will stop completely till the disposition of appeal by the sessions court? and is there any limitation period for filing appeal? and if limitation period is over, what is to be done to condone the delay? a seperate application needs to file to condone the delay in filing an appeal along with appeal? i dont know much about law. confused very much. i am scared too for my family.

and also tell me who will give the copy of interim order? the court? or my brother will have to apply for the certified copy of the order? we only came to know about the order in second hearing. order was passed in first hearing. my brother saw the order in the court clerks office. so the question is, will court serve the order? or my brother requires to make an application for the copy of that order? my question may look weird but i am not at all a law-woman.