Maintenance revision declined by high court

731 votes

To facilitate a comprehensive understanding, I would appreciate the opportunity to review the initial order before providing a detailed explanation regarding the revision filed before the Allahabad High Court and the subsequent outcome.

Advocate Anurag Bhatt LawRato

516 votes

Since the High Court has not admitted your review, you still have a few options. You can (i) file a detailed revision petition/appeal under Article 227 CPC or Section 19 of the Family Courts Act if available, (ii) seek modification of the interim maintenance before the same Family Court by showing change in financial circumstances, or (iii) approach the Supreme Court through SLP if strong grounds exist. Interim maintenance is always subject to change, so with proper evidence of income, liabilities, or concealment by the other party, you can request reduction or cancellation. It is advisable to consult a local counsel immediately to choose the most effective remedy within limitation.

Advocate Aishwarya Panday LawRato

947 votes

1. Comply with Interim Maintenance Order Interim maintenance orders are immediately enforceable. If you don’t comply, the opposite party can initiate execution proceedings before the family court, which may include attachment of salary/property or even issuance of warrants. 2. Challenge the Order in Supreme Court Since your review in the High Court was not admitted, you can explore approaching the Supreme Court through a Special Leave Petition (SLP) under Article 136 of the Constitution. The Supreme Court entertains SLPs in cases where there is a substantial question of law or grave injustice. 3. Modification / Cancellation Application in Family Court Section 127 of the CrPC allows you to apply for modification, cancellation, or alteration of the maintenance order if there is a change in circumstances (for example, financial hardship, loss of job, or if the spouse has independent income). This can be filed directly in the same family court which passed the interim order. 4. Writ Petition (if maintainable) In some cases, if there is a violation of fundamental rights or a jurisdictional error, you may file a writ petition (Article 226/227) in the High Court. However, this depends on whether the High Court has already dismissed your review in detail or at the admission stage. 5. Settlement / Mediation Many family courts encourage mediation. You can negotiate a lump sum or reduced maintenance through settlement.

Advocate Dhanur Singh Chauhan LawRato

709 votes

you can file a slp in the supreme court a slp can be filed under any order decree or final order criminal review petition under 227 of the constitution in any high court and section 136 of the constitution of india

Advocate Spiti Sarkar LawRato

833 votes

on the above mentioned query please note down that interim order k against review petition high court me lie nahi karti hai. principal judge ya jis court ne adesh parit kiya hai, waha review daal sakte hain

Advocate Ankit Gupta LawRato