• Challenging interim maintenance order

I received order from family court today, to pay interim maintenance to my wife. I wish to challenge the order. Can I do this in the same family court or appeal to local district court?  Or going for writ petetion in high Court is  the only option? 
I am not in a very sound financial position. Is it a costly affair to do writ petetion in Mumbai high Court?
Asked 4 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) What is your income ? 

2) What is wife income ? 

3) What is amount ordered by court ?

4) If you are aggrieved by order of maintenance passed by family court you have to file writ petition in HC to challenge interim maintenance order 

5) litigation is an expensive proposition 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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You have to challenge it in the High Court. In so far as litigation cost is concerned, you need not engage a superstar lawyer. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You have to challenge the order by filing revision petition  before high court is the remedy. When to Filed the Appeal.
1.	Amount is not justifiable, and you are not satisfied with order
2.	Order is passed from the date of application,
3.	If huge amount of arrears is pending
4.	Wife is working, well educated, but the fact is ignore
5.	Your dedication is not considered like, EMI or rent, medical bill, your family expanse.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Well,  I regret that high court remains the only option,
You can search for lawyers who may agree to fight case at reasonable fees.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
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Appeal/ revision can be filed before high court if you are not financially sound then contact legal Aid department and get free legal aid to fight the case.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi
Your option is to go to high Court as family court is a district court on above of it high Court is the appellate court.
Go for appeal if you have substantial reasons to.convince the court that you are ordered to pay beyond your means,wife is earning and was hiding facts, your other liabilities were not considered,your wife's educational and fincial status were not considered while passing order etc
Legal cost of challenging the maintenance order shall depend on the lawyer.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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U can hire advocate and can file appeal against that order of maintainance in superior court.
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
1) HC may set aside maintenance payable towards wife as she is highly qualified and working . 

2) maintenance amount awarded to daughter would not be set aside . 

3) you are already paying rent for flat . if we add all expenses awarded by court total amount comes to around Rs 40,000 per month . 

4) amount paid towards EMI personal loan would not be deducted  in determining maintenance payable by you 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Challenge the interim maintnce order and u can have stay on the order until and unless further order is given by superior court.
U have to stop paying 100000 rather pay 20000 as maintainance.
If u need to give good life to ur baby u have a good ground that u have mre privilages  then ur wife.

Another way to save ur 20 000 is get divorce as early as u can one time permanent alimony and u have not to pay anything further
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
A working and well educated wife is not entitled to maintenance. It seems that your liabilities have not been considered by the court before fixing the amount. I cannot foretell what the HC will decide, but you are free to challenge the order in the HC. The HC can either quash the order altogether or reduce the amount.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
The interim maintenance order can be challenged in the high court by preferring an appeal. 
Family court's interim order under Section 125 cr.p.c. is appealable before the Division bench of the concerned High Court. 
There is no necessity for writ.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Wife is working, well educated, but the fact is ignored ? Yes she is working and is an Electronics Engineer. She has nearly 7-8 years of corporate experience. 

This is the ground for your appeal and highlight that the trial court did not consider this fact while deciding the interim maintenance application. 









What is the high court likely to decide in this instance, if I appeal ?

You engage a good and experienced advocate to prefer this appeal and highlight the lacunae that the trial court has not considered in her application. 
You have fair chances to get relief at least towards the maintenance awarded to her. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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