crpc 125 interim order


1.   what is the remedy against an interim order  of Magistrate in application under s.125 crpc ( for maintenance)

2.  if man does not give interim maintenace allowed by magistrate , can defence of such respondent be disallowed ?

 
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advocate

 an interim order is not a final order so, no action can be taken agaist it. if there is an interim order to pay u should pay the maintainence.

 
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B.Sc, B.L

Interim order is not a final disposal of the case and does not rest the rights and liabilities of the parties and hence no revision is maintainable.

If the order is  not complied with the usual course of enforcement of the order lies. It does not stop theprogres of the main case.

In cases under the HM Act, if the interim order of maintenance is not complied with the respondent cannot proceed with the case and the court can refuse to try the matter. See HM Act.

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

An executionpetition can also  be filed on behalf of the petitioner in the same court which had passed the interim order.

 
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Lawyer & Legal Consultant +91 9810136627

Dear Vidu,

Every order whether ionterim or final can be challenged. Its a different thing as to whether that challenge succeeds or not. Interim orders can be challenged in your case by filing a revision of the said order before the competent court. The success of your revision Petition depends upon the grounds you have taken in the said petition.

 

2.   if u do not pay the maintenance as ordered by the court then you may even be put in custody and punished for default.  So better way to get out of this situation would be file a revision before the appropriate court and try to obtain a stay of the operation of the said order.

 
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Advocate

Interlocutory/interim orders cannot be challenged as per cpc. However, revision is always possible and that would amount to a challenge. The husband can file for a downword revision.

 

valentine

 
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