Query – interim maintenance continued despite lack of jurisdiction

[Udar Ojha]

Kindly look into the query. A Maintenance case u/s CRPC 125 was filed against Mr. A in a family court by his wife Mrs W. On first date a copy of petition is provided to Mr. A. On Second date Mr. A filed an application to dismiss the case on lack of jurisdiction. Two year has been passed but his application is not yet decided, there is not even any argument happened on that application yet. The interim maintenance is set during this time. Is there any thing Mr. A can do so that a decision can be taken on that application and further proceedings of the case can be stayed until jurisdiction is decided? Any writ or appeal? Thanks

[Dr. Ashok Dhamija]

You can file a petition under Section 482 of the Criminal Procedure Code before the High Court to challenge the interim order of maintenance. Whether a stay would be granted or not, would depend upon the facts of the case, in the discretion of the High Court.

Meanwhile, you can also request the lower court concerned to expedite the hearing of your application questioning the lack of jurisdiction.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Udar Ojha]

Thank you Sir, A review application of interim maintenance is pending before the trial court. Does it need to be withdrawn before filing application u/s 482 Crpc? Or can the husband directly approach High Court under section 482? Please let me know.

[Udar Ojha]

Sir, last query – is there any time bar in approaching High Court u/s 482 against an interlocutory order of family court?

[Author]

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