If we file an appeal against interim maintenance order in Domestic Violence Case, Will it be stayed till the interim appeal is decided in higher courts ?


In my view You have to challenge the order by filing revision petition before high court is the remedy. When to Filed the Appeal. Amount is not justifiable, and you are not satisfied with order. Order is passed from the date of application,If huge amount of arrears is pending. Wife is working, well educated, but the fact is ignore. Your dedication is not considered like, EMI or rent, medical bill, your family expanse.A man does not need to provide maintenance to his wife if she has her own means of living, a Sessions court has ruled in Mumbai. According to a report by DNA, the Sessions court passed this order while deciding on an appeal filed by a husband against the orders of a Magistrate court. The Magistrate court had asked the man to pay an interim maintenance amount to his wife. The Session court, however, ruled that in a case where the wife is having her own means of living, there is no requirement to provide her with an interim maintenance.

The appeal in the Sessions court was filed by a 35-year-old Nallasopara-based man against his estranged wife. The man had appealed against the orders passed by the Vikhroli Metropolitan magistrate court, which had ruled in favour of his wife.

ÒIt appears from the salary certificate of the wife that she is drawing a salary of Rs 17,000 to Rs 18,000 per month. This fact is not taken into consideration by the Additional Chief Metropolitan Magistrate while granting the interim maintenance of Rs 6,000 to the wife. Prima facie record shows she is having means of living, therefore, she is not entitled for the interim maintenance,Ó the Sessions court order said.

Before the magistrate court, the woman had filed a case of domestic violence against her husband under section 23 of the Domestic Violence Act.
Section 23 of the Domestic violence Act says if the magistrate is satisfied that an application prima facie shows the man is committing, or has committed an act of domestic violence or that there is a likelihood that he may commit an act of domestic violence, then the Magistrate may grant an ex parte order against the man.

After considering the application, the Magistrate had asked the man to pay maintenance amount of Rs 6,000 towards his wife and Rs 2000 towards his two children individually. The order was overruled by the Sessions court.

Reference: 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.



Ask FREE question
Ask Question
Eg - Start with How, Why, What, Should I, When will...? etc
Thank you.  Please share the below details
* If you are outside India, mention WhatsApp Number with Country Code
Place of Property / Employment / Legal Issue / Residence / Your City