125crpc Court order for interim maintenance. can I take stay order?
2 years ago
Court order for interim maintenance. can I take stay order? what is the procedure
A.Hi, you must have strong reasons to present for this order to be granted, as maintenance is required to be paid. But it is possible to apply for it. The interim maintenance order can be challenged in the high court by preferring an appeal. Family court's interim order under Section 125 CrPC is appealable before the Division bench of the concerned High Court.
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Vaidehi Samant
Responded 2 years ago
A.If you have relevant reasons than you can file an application before the same Court and if not allowed than you can file an appeal on the High Court but on most cases it is usually not granted and maintenance is required to be paid if ordered by the Court but you may try if you have q very strong reason. Thank you.
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A.If you think that the order is arbitrary then you can appeal to the higher court ( court of session) and get a stay against the interim order. Speak to your lawyer and ask him to file an appeal after having taken the certified copy of the order. But be informed that unless there is some discrepancy in the order your appeal will not succeed hence check with your lawyer before moving an appeal.
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