from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding ... interim maintenance to the applicant, pending the final disposal of the maintenance application : Provided further that, such order for payment of interim maintenance
order of interim maintenance has been passed, deposits
the entire arrears of interim maintenance up to date in
terms of the said order ... order passed by a Magistrate (which would include an order passed
under Section 23 of the DV Act i.e. an interim order on maintenance
maintainability of revision against
interlocutory order, hence, it cannot be applied with
regard to the orders of interim maintenance passed
under Section ... revision petition, set-aside the order of Session
court passed in criminal revision filed against the order
of interim maintenance under Section
pursuance of] the
said order.
128. Enforcement of order of maintenance.--
A copy of the order of 3 [maintenance or interim
maintenance and expenses ... that order in challenge should not be an
interlocutory order. Therefore, in the aforesaid circumstance,
the nature of order of interim maintenance passed under second
provision for interim
maintenance, whether the power to grant interim maintenance includes the
implied power to grant ad-interim exparte order of maintenance ... grant of interim maintenance. Such being the objective of interim
maintenance, the contention that the respondent is entitled to notice before
ordering interim maintenance cannot
Criminal
Procedure, 1973 is an interlocutory order
or an intermediate order?
(ii) If the interim maintenance order
passed under the second proviso of
Section ... that order in challenge
should not be an interlocutory order.
Therefore, in the aforesaid circumstance,
the nature of order of interim maintenance
passed under second
petitioner has legally
sound case to be granted interim relief against the order of interim
maintenance impugned by him before the Additional Sessions Judge ... should follow the following procedure while
granting interim maintenance/ maintenance:
(i)Whenever maintenance/interim maintenance is ordered, the Court
will direct that it will
order of interim
maintenance has been passed, deposits the entire arrears of interim
maintenance up to date in terms of the said order ... should follow the
following procedure while granting interim
maintenance/ maintenance:
(i)Whenever maintenance/interim maintenance
is ordered, the Court will direct that it will
from the date of the order,
or, if so ordered, from the date of
the application for maintenance or
interim maintenance and expenses of
proceeding ... date of the
order. If the Magistrate is inclined to make
an order granting maintenance from the date of
the order and not from
Magistrate to
grant interim maintenance.
Obviously, the order under challenge dated 10.02.2016
is an order of interim maintenance passed in favour of opposite
Patna High ... interlocutory order, the word "interlocutory
order" being not converse to final order. Thus interim or
interlocutory orders are those orders passed
