Revision Application Against Maintenance Order


Revision against Interim order of Maintenance u/s 127 of Cr.P.C.

 Keeping in view the fact that interim maintenance applications are likely to take a year for being disposed of and that the payment to the wife is likely to be made only thereafter, it is only just and fair that the revisional court should insist on the deposit in Court of the interim maintenance payable in terms of the order under challenge as a pre- condition to entertaining the revision petition. Otherwise a recalcitrant husband can, despite suffering an adverse order, defeat that order merely by filing a revision petition and not being burdened with the responsibility of complying with it.

One of the legal option is to go for revision proceedings in the higher court as appeal against the order under 125 CrPC is not maintainable, but whether you should opt for revision proceedings depends on the merit of the case in hand.

A revision in the higher court is of limited purposes only and higher courts have limited jurisdiction to adjudicate or to decide upon the order given by the lower court.

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