I am a serving Defence Officer. As per the defence statutary acts, Orders / decrees of maintenance are required to be forwarded to defence authorities for validation of amount and implementattion of the orders.
An 'Interim Order' of Trial court in DV Act is Appealed before Sessions Court under section '29' of the DV Act
The Sessions Court passes an order of (a) Allowing the Stay (b) rejecting opponents Application contesting 'Stay' (c) Makes the Stay 'Conditional '- subject to payment of 50% of Interim Maintenance amount passed by Trial Court NOTWITHSTANDING MATERIAL FACT that the party was already receiving amount 'X' passed by Armed Forces
Question
(a) Can revision be filed before Sessions Court, if yes, under which section?
(b) If no, can revision be filed before High Court. If yes under which sections?
(c) Legality of Additional Maintentenance when Applicant was already receiving maintenance of amount X from Defence Authorites.
(d) Is not 'Conditional Stay' unconstitutional, as part fulfillment amounts to complete fulfillment and thus renders stay reduntant?
(e) Does not non-forwarding of order by civil court to defence authorities amount to stiking down the Statutary Law?
