How to challenge interim maintenance order?

196 votes

In India, an interim maintenance order issued by a family court is generally not appealable, as it is considered an interlocutory or temporary order. However, if a party wishes to challenge such an order, they can file a revision petition before the High Court under Section 397 of the Criminal Procedure Code (CrPC) or invoke the High Court's supervisory jurisdiction under Article 227 of the Constitution. These remedies are available if there are jurisdictional errors, procedural irregularities, or legal mistakes in the original order. Additionally, if there is a significant change in circumstances such as a loss of income or an increase in the earning capacity of the receiving spouse a party can apply before the same trial court for modification of the interim maintenance amount. In cases where both parties agree to alter the terms, they can jointly request the court to revise the order. While interim orders are meant to provide temporary relief, the legal system allows for flexibility in addressing fairness and evolving situations.

LawRato LawRato

633 votes

As to whether an appeal can lie against the order of maintenance passed by the court under Section 24, Hindu Marriage Act, 1955 (HMA), there appears to be a conflict of judicial opinion. On one hand, the Rajasthan High Court in 2018 and very recently the Madhya Pradesh High Court in 2022 has held that an order granting maintenance pendente lite (interim maintenance) though limited in duration is a final order and qualifies to be a judgment and this order is appealable under section 19(1) of the Family Court Act, 1984. On the other hand, the Chhattisgarh High Court in 2019 held that an order granting maintenance pendent lite is an interlocutory order and not a judgment and therefore an appeal against this order under section 19(1) Family Courts Act, 1984, would not be maintainable. However, such an order can be suitably modified or totally recalled by the same court which granted it, in appropriate circumstances like the wife receiving a bulk amount at the time of her resignation. In Anand Prakash v Mansha Kumari (2020), on the assumption that the wife had no independent source of income sufficient to maintain herself, the court granted interim maintenance to her. However, on the day the family court, ordered the grant of interim maintenance, the wife had already joined a government job with a good salary. The husband filed for recall of the order of maintenance on the ground that she is able to maintain herself. The court accepted his submissions and held that he was not required to deposit the maintenance amount in future, in light of the changed circumstances and quashed the order of the family court. In Geetanjali Mahesh Aggarwala v Mahesh Aggarwala (2019), the wife was granted Rs 20,000 under section 125 of the CrPC, including Rs 12,000 under section 24 of the HMA, for self and two children. She preferred an application for enhancement of the maintenance, as the income of the husband was raised to Rs 1,00,000. The Gujarat high court allowed enhanced maintenance to her from the date of enhancement of the income of the husband.

LawRato LawRato

828 votes

You can very well challange the order of interim maintenance. Considering the fact that you are earning less than what you have been directed to pay, you will easily get a favourable order. Please contact me for further assistance

Advocate Paras Anand LawRato

619 votes

Definitely you have right to challenge the interim order before the Hon,ble high court. You have to prove what is your income and also to prove if your wife is earning something. However if wife is not earning them you have to pay maintenance as per your salary and your will be considered while passing order for maintenance.

Advocate Prabhakar Pandey LawRato

518 votes

Yes you can challenge an order of interim maintenance ask your advocate he will do the needful family court is a district court on above of it high Court is the appellate court. Go for appeal if you have substantial reasons to.convince the court that you are ordered to pay beyond your means,wife is earning and was hiding facts, your other liabilities were not considered,your wife's educational and financial status were not considered while passing order etc.

Advocate Ravi Ranjan LawRato

936 votes

Dear Sir, As after perusal of your facts it can be stated that the amount of interim maintenance granted by family court is exorbitant. You may file an appeal before the High Court of Delhi and get the amount set aside or reduced in your favour. Rest, I can suggest after perusal of the court order. You may contact me with that respect.

Advocate Arun Wighmal LawRato