Legal Question in Family Law in India

Dear Sir

I had filed a case for divorce on the grounds of desertion and cruelty. My wife who has the custody of children filed for maintenance of Rs.10000 p.m and the amount has been sanctioned by the court and I am remitting the maintenance all along.

Now the Family Court has dismissed my petition for divorce on 4-10-13.

Now that the divorce petition has been dismissed by the Family Court whether I can move a petition to grant a stay for payment of maintenance.

My wife and children still stay away from me.

Kindly advise.

Whether it would be in order for me to go on appeal to High Court.

S.Nallasivan


Asked on 10/18/13, 9:49 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Against the order on divorce petition an Appeal will lie to High Court. If 10,000 is an interim award, a revision will lie against the order and that within 30 days. But if it was a final maintenance order, a single appeal will lie against the order within 30 days. The question is why your petition was rejected?

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Answered on 10/19/13, 5:46 am


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