What is the format of appeal against maintenance order?

844 votes

Dear client Don't worry, you can appeal against the order before the delhi high court. I'm very sure if your income is 44000/- then interim maintenance cannot be 50000/-. However i would be able to give apt advice only upon seeing the documents. Feel free to contact for detailed discussion

Advocate Mrinmoi Chatterjee LawRato

924 votes

If ur lawyer is not responding to your call n msgs then u can simply go to that court by which this interim order of maintenance was passed n there u can ask the court master who sits right down the podium of judge to provide u with the details of the order passed by court on last date. If the court has passed the said order which u apprehend then u need to file an appeal against this order in Delhi High Court n u have to do this work asap so that ur appeal is not barred by Sec 5 of Limitation Act. But before doing this u also need to get certified copy of that interim order passed by court n for that u need to contact ur lawyer through any means since certified coy has to be applied by your lawyer only.

Advocate Shikhar Vats LawRato

978 votes

If the court has passed an order, it would be written in the Judges file. You can either ask the ahlmed in court to show you the file and along side you can file for certified copy of the order. You can appeal against the order in High Court.

Advocate Nidhi Jha LawRato

575 votes

You can apply for the maintenance order passed by the court which you can get within a week or month in karkardooma court. As far the maintenance amount is concern you can file an application regarding this stating your problems in paying the huge amount in the same court, the court will surely hear you on this. Else you can contact me or other advocate for further assistance.

Advocate Deepika Tiwary LawRato

522 votes

Both husband and wife are supposed to file details about their income etc in Divorce case ,to enable the Court to decide about maintenance to be given to wife.It appears that your wife is not working and considering the period ,you have been living separately from her and considering ur salary & expenses,the Court has passed an interim order for payment of Rs 50000 in lump sum ,pending decision on monthly maintenence to be decided . You will get the copy of order on making an application to the Court for the same .You can ask ur advocate to obtain the order ,if u can contact him.or give the order to you ,if he has already got it.You can check if the order is available on web site of the Court .But for appeal etc ,you need to have certified order copy which is given after applying for same by you or by your advocate . In case after getting the order you find that the order is for lump sum payment and you have difficulty in paying the money together ,you can file an application in court praying for amount to be paid in instalments. After getting the order u can also file an appeal to the High Court against order ,which will involve further expenses for you and if High Court also finds that your wife has no independent income ,it may not interfere with order passed against you and you will have to pay the amount to your wife. On final decesion of family court for maintenence amount to be paid monthly ,the amount paid by you in lump sum will be deducted and you will have an option to challange the final order of maintenence in High Court ,if the same appears to be excessive considering your monthly income and expenses. You need to give more details in case anything has remain unanswered.

Advocate Rajiv Mehta LawRato