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Can family court's order of interim maintenance be challenged in HC
18-Jul-2023 (In Family Law)
Can a grant of Interim maintenance order by Principal Judge Family court be challenged in High Court by filing a Criminal revision under section 397/401 of CrPC READ WITH 482 CrPC OR It is necessary to file it under section 19 of the family court act . If petition filed under 397/401 , can the court reject it on the ground that it should be filed under family court act
Adv. Siddharth Dev
Delhi | 200+ Answers
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A petition under section 482 cannot be filled in the high court. The order of the family court can be challenged in a petition under article 226/227 revision in the high court.The order of family court is of civil nature and cannot be challenged in a petition on criminal side.
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Adv. Dr.Nirmal Chopra
Delhi | 25+ Answers
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Sir, firstly it needs to be known that whether the interim maintenance has been granted under 125 Cr.p.c or under 24 HMA. If it has been granted under 125, revision u/s 397 r/w 401 would lie. But if it under S.24 HMA then your remedy will be different, you will have to approach the HC with a civil miscellaneous under 226/227 Of Constitution of India.
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Adv. Kushal Raj Gupta
Delhi | 25+ Answers
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Yes grant of interim maintenance passed by principal judge of family court can be challenged in High court. No need to file revision but same can be challenged by filing criminal writ petition in High Court.
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Adv. Sanjay Dubey
Delhi | 25+ Answers
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