Clarification on filing appeal against Interim maintenance order

Question

Clarification on filing appeal against Interim maintenance order

22-Jul-2023 (In Family Law)

If we file an appeal against interim maintenance order in Domestic Violence Case, What will happen to main DVC case. Will it be stayed till the interim appeal is decided in higher courts or it will proceed?

Answers (3)

Answer #3

Adv. Chikirsha Mohanty

Delhi | 200+ Answers
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Comments by Users

Arindam ghosh
If there is no sexual relation occured between husbend & wife after marraige, then maintenence would be given to wife?

Reply by LawRato
As per Section 125 of the Criminal Procedural Code, maintenance can only be denied to a woman if she falls within the limited exceptions provided in sub section (4), which include the case of a wife living in adultery or residing separately from her husband without sufficient reason, or if the husband and wife are residing separately with mutual consent. Therefore, the lack of sexual relations would still enable the wife to seek maintenance under Section 125 of the CrPC.

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All Answers

Advocate M Lakshmikanth Arya LawRato · Accepted Answer · 2018-07-29T18:17:23+05:30

Answer #1

If we file an appeal against interim maintenance order in Domestic Violence Case, What will happen to main DVC case. Will it be stayed till the interim appeal is decided in higher courts or it will proceed? .Nothing will happen to your main case. Because you are seeking stay against the interim order only . If you sought stay against entire preceding in DVC Case, then whole case may be stayed.

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Adv. M Lakshmikanth Arya

Bangalore / Bengaluru | 700+ Answers
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Advocate Rajesh Kumar K LawRato · Accepted Answer · 2018-07-30T14:04:49+05:30

Answer #2

Hi, You can file an appeal / revision / writ petition to challenge the interim maintenance order before high court. The DVC case will still continue until further orders based on merits from each side. You have all the options to prove the financial capability of your wife by challenging the interim maintenance order with relevant proofs. This can also help you in the DVC case if the order is passed against you and later when you challenge it. Let me know for any further help. I can help you with lesser costs in the interest of serving society.

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Adv. Rajesh Kumar K

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Advocate Chikirsha Mohanty LawRato · Accepted Answer · 2018-07-22T16:00:20+05:30

You can appeal the interim maintenance order to the High Court. The Division Bench of the High Court can appeal the interim order made by the Family Court under Section 125 CPC.