Interim maintenance
2 months ago
how to cancel interim maintenance, I have proof of my wife with audio and video recordings of separated for more than 1.5 year. She has given birth to twins using IVF without my consent and claiming interim maintenance for kids
If the Family Court issues an Order for interim maintenance under Section 24 of the Hindu Marriage Act, the appropriate course of action is to approach the High Court with a civil miscellaneous appeal under Article 226/227 of the Constitution of India. The rejection of a maintenance petition and denial of interim maintenance can occur if there is no evidence of cruelty, harassment, or any form of domestic violence against the petitioner's wife. Recently, the Allahabad High Court clarified that an order for interim maintenance during the pendency of an application under Section 125 of the CrPC is not considered an interlocutory order and can therefore be contested before the High Court.
A.Dear Client,
If the Order of interim maintenance is passed by the Family Court under Sec. 24 of the Hindu Marriage Act, then have to approach the High Court with a civil miscellaneous appeal under Article 226/227 of the Constitution of India. A petition of maintenance could be rejected and interim maintenance could be denied if there is no cruelty, harassment or domestic violence of any type on the petitioner's wife. Recently, the Allahabad High Court held that an order of interim maintenance during the pendency of application under Section 125 CrPC is not an interlocutory order and thus, can be challenged before the High Court. Reach out to an Advocate for guidance and steps. In case you need our expert service, feel free to contact our legal team.
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