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
pass interim order stems from the very power to pass final order. Such a power is necessarily concomitant of the power to order maintenance ... maintenance and it is necessary to pass an ex parte order of maintenance has the jurisdiction to pass an ex parte order of interim maintenance
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
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
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
concerned with other part of the order as these appeals are related with the order awarding interim maintenance allowance.
3. During the course of arguments ... order is whether the judgment or order finally disposed of the rights of the parties."
11. An interim order of maintenance allowance
concerned with other part of the order as these appeals are related with the order awarding interim maintenance allowance.
During the course of arguments ... order is whether the judgment or order finally disposed of the rights of the parties."
11. An interim order of maintenance allowance
separate proceeding to be disposed of while final order
is pending and such order of interim maintenance
would be intermediate or quasi judicial order affecting ... proceeding to be disposed of while
pending final order and any such order of
interim maintenance would be
intermediate or quasi judicial order,
effecting
been incorporation of the
word „interim maintenance‟ also at the relevant places.
19. Rightly, the grant of interim maintenance is not
inscribed by the procedural ... receiving, under section 125 a monthly
allowance, for the maintenance or interim
maintenance, or ordered under the same section to
pay a monthly allowance
person ordered to pay maintenance or interim maintenance fails without sufficient cause to comply with the order, the Magistrate may, for every breach ... from such order, indicate the interim order to be not an interlocutory order, but a final order on the aspect of interim maintenance even
