Parvez Ansari (None) 05 May 2015

Maintenace in family court

My one friend won his 498a and DV case in trial courts. Got very favorable orders. He is paying his wife a maintenance in family court since last 2 years. Can these orders make any difference if he makes appeal in High Court for cancellation of maintenance as no domestic violence proved and neiter dowry allegation proved. Expert pl advice.

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6 Replies

M.Sheik Mohammed Ali (advocate) 06 May 2015

maintenance case and DV cases in different cases, so you can face separately. if you want

quash the the complaint you can approach HC.

Parvez Ansari (None) 06 May 2015

Plz note : He got favorable orders in DV and 498a. He got maintenance order in Family Court 2 year back and paying it/

My question is can he challenge the Family Court Order mae 2 yeard back using favorable ordes of DV and 498a and get maintenance removed?

Can he still quash the Family Court order made 2 years back :

MOHANASUNDARAM (ADVOCATE) 06 May 2015

yes he can challenge the Family court order before the HC , But limitation is end. So file appeal with condone delay petition . If court condone your delay then only take your main petition . condone delay depends upon inherrent power of court.

N R Dash.. (Advocate) 06 May 2015

Yes you can. File a revision petition mentioning the disqualification clauses with the averment that your wife voluntarily deserted you. Consult & hire a local advocate to represent it on your behalf.

T. Kalaiselvan, Advocate (Advocate) 08 May 2015

What was your friend doing al thse two years if he was aggrieved over the maintenance order. He can file a revision ofcourse as suggested by others accompanied with a condone delay petition u/s 5 of lmitation act. Please be aware that the results in 498a or DV case will not any impact in the maintenance case or its award. That is totatlly different subject.