Hello,
file an appeal before the HC against the said interim order. There are high probabilities that the HC will stay the said order.
Regards
Interim order of maintenance under Section 125
The case has been going on since 2011. In the last date the court has given the next case for judgement as all the formalities were done from both the sides. Now out of the blue family court has passed the intrim order of maintainance for 8000 pm since the biginning. The court has totally ignored the fact that she is been working earning 14000 pm net income and she is educated. Also ignored the perellel case of nulity which has been going on since 2013 and decesion is pending as the case is she was married to another person and has got divorced by affedevit notary not by court order also that is not allowed in her cast as we are coming from general caste which i came to know in 2013. We ha e also prodeced the judgements of high court and supreme court that she is not eligible for maintainance as she has done a fraud with me to got married. As she has not informed me regarding her previous marriage which can be seen in the status of her passlort and also in the marriage certificate and her status was unmarried. Can i challenged the order in the high court and get stay on this. Also how much does it cost as my financial condition is not that good i am coming from a middle class family. Please help me on this dilema.
Asked 5 years ago in Family Law
Religion: Hindu
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13 Answers
This is not an interim order but final order pendente lite i.e alimony payable from the date of application filed. File appeal again the order. Grounds will be marriage is void due to subsistence of previous marriage, hence not entitle to maintenance.
Fees depends on reply of lawyer.
1. The case of nullity has no connection with the merit of the maintenance case.
2. Now f she indeed is working which issue the court refused to consider then it is a good case when if you file revision in sessions or high court , the order of interim maintenance would be set aside.
3. If your wife is unemployed then also she is not entitled to maintenance more than 1/4th of your income.
You can challenge order of maintenance awarded to wife in HC as second marriage was performed during subsistence of earlier marriage
legal fees depend upon Lawyer engaged by you
Hi,
For any cast notarised divorce is not legal as it has not followed legal procedure. You have not mentioned how long you were married and if there is any child out of this wedlock. Filing a suit doesn't mean you've won the case. In the matter of Nullity, it is very difficult to prove the grounds. Have you produced family court's order in the Magistrate court where the case under 125 of CRPC has been filed? You can challenge the family court's order in High Court if you can afford it. Cost of any suit depends on the complications of the suit. Hire a good local lawyer for the matter.
Yes you can definitely challenge the order in high court. Filing appeal involve some cost for preparation of paper books and others besides advocate's charges.
See you challenge same before the high court as the marriage is not valid she is not legally wedded wife in that case interim maintenance cannot be granted and after so long it has been granted you can contest and can pray before high court to set aside same. See it is upon high court to set aside same but yes you can try further the cost shall be according to advocate you engage.
You need to challenge the said order in session court if passed by magistrate court and get a stay in the same
You can challenge order of maintenance in High court. Cost depend Upon lawyer.
You can very well approach high court with a revision against the interim maintenance awarded by the trial court.
Dear sir
Yes you can challenge the decision of family court in High court on basis of nullity if marriage an basis of fraud done against you. There are better chances that you can get relief from high court in this case.
The fees of high court lawyer depends on the caliber seniority and reputation of lawyer but according to me you should go for appeal as 8000 per month from 2011 will be a big amount
Dear Querist
you may file an appeal/revision against the order of the Family court before the High Court along with an application for stay the operation of the order.
the cost id depend on the lawyer of your choice
Feel Free to call
- Exactly the point is, at the time of ordering the interim maintenance order, number if facts are concealed from the court.
- Yes, you can even now also challenged the order of maintenance as I have strong belief that you would get all your money back if paid.
- You would have to challenge it before the ADJ first and then before the High Court under FAO category of cases.
