Legal Question in Family Law in India
Sir /Madam Very URGENT Please give best advice to me
On the disposal of Divorce Petition date at Family Court interim maint rs 12000/- was due
His Divorce petition had been dismissed, and he filed First Appeal in High Court
I have taken that ground for dismissal of his First appeal against order
I told the court that Petitionert had not obeyed/paid the intrim maint
and filed this First Appeal, I asked to grant litigation expenses, I never
asked to give Interim Maint but the Court passed the order below :-
After hearing the matter for sometime, we are of the view
that there may be some feasibility of compromise between
the parties. Respondent is present in person. Appellant is
represented through his counsel. Let appellant also appear
on the next date.
It is submitted by respondent that she has not been paid any
maintenance whatsoever @ Rs.6,000/- per month and we
are informed that it is due for the last 17-18 months and
since then, no amount has been paid to respondent.
In view of above, for the time being we direct appellant to
pay Rs.60,000/- to respondent through a bank draft on or
before 2nd of July, 2015, on which date both the parties
shall appear before this Court in person.
Q-1 :- If I accept the above money whether my ground of NOT
OBEYED Lower Court Order will be finished OR not
Q-2:- what is in my favour to accept the money OR not.
Q-3:- If I do not accept Under which Sec I can put up for review of Order
OR the only way to go Supreme Court
Q-4:-
1 Answer from Attorneys
1. This is an interim arrangement by the appellate court without prejudice to the arguments and grounds of both the parties. So, if you accept the money, your arguments and grounds will still be alive.
2. In my personal opinion, you should accept the money, and thereafter when the matter comes up for hearing take up your all grounds including non compliance of the order.
3. You have not mentioned the state in which you are and also whether is it a single bench or division bench order. Depending upon that, the particular section can be referred. No matter what state it is, the general provision is ORDER 47 rule 1 Code of Civil Procedure for Review in Civil matters. If the interim order was of the division bench, then only option would be Supreme Court. In such a case, it would be advisable to wait, accept the money, argue the matter before division bench and if still the interim arrangement is confirmed by the High Court then go to supreme Court.
Be as that it may, this is just for your info, that being a women, you are entitled to free legal aid be it may high court or supreme court.
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