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Q. Appeal/revision for interim order in DV act

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Deepanchakravarthy Thangavel

posted 1 month ago

question iconAppeal/revision for interim order in DV act

Sir/Madam, Iam gonna file for appeal against interim maintenance order (12,500/month) granted in DV act-2005.
Pls suggest the section to be used - my advocate & court sherishtadar saying in case to challenge the final DV order, I have file appeal “CRA” u/s 29 of DV act , but now to challenge for interim orders in CMP under DV act has to be file for revision petition under “CRL RC” in district appellate court.
Whereas most of the judgments in websites says appeal u/s 29 of DV act to challenge any interim maintenance order.
Pls clarify, whether I have to file APPEAL or REVISION petition to challenge interim order in DV act.

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Kishan Dutt Kalaskar Retired Judge

Kishan Dutt Kalaskar Retired Judge

Responded 1 month ago

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A.Dear Sir,
You have to consult the court/consumer forum staff to know exact sections to be mentioned.

I could have explained more if background is known to me.

Please give me FIVE STAR if satisfied by my answers.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Anik

Responded 1 month ago

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A.Dear Client,
It is recommended to file an appeal for challenging the final domestic violence order. This is disputed as some courts are of the view that the decision of an interim application does not decide the rights and liabilities of the parties so it cannot be considered to be a final order so as to give rights to the parties to move a revision petition. Therefore, in terms of being on the safer side, appeal the order.
Thank you.

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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Responded 1 month ago

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A.In the instant matter if the interim maintenance was sought by your wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005, then being governed by the provisions of Cr.PC, any order passed under the same would be subject to Revision.

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