Can interim orders of maintenance or interim bail orders be challenged in revision at High Court?

1. Introduction

In the Indian legal system, interim orders are temporary directions issued by a court pending the final adjudication of the case. Two of the most common interim orders in criminal and matrimonial matters are:

Interim maintenance orders (granted under provisions such as Section 125 CrPC, Domestic Violence Act, or under matrimonial statutes).
Interim bail orders (either granting or rejecting bail on an interim basis).

The question whether such interim orders can be challenged in revision at the High Court is one that arises frequently in practice. The answer lies in understanding the scope of revisional jurisdiction conferred on the High Court under the Code of Criminal Procedure, 1973 (CrPC) for criminal matters and under Section 115 of the Code of Civil Procedure, 1908 (CPC) for civil or quasi-civil orders.

Direct answer: Yes, interim orders of maintenance or interim bail orders can be challenged in revision at the High Court in certain situations, provided the order satisfies the conditions prescribed under the revisional provisions and no other effective remedy is available.

2. Legal Foundation of Revisional Powers

(A) Criminal Revision – Section 397 to 401 CrPC

Section 397 CrPC empowers the High Court or the Sessions Court to call for and examine records of any proceeding before inferior criminal courts to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order.
Section 399 CrPC gives revisional powers to the Sessions Judge.
Section 401 CrPC explains the High Court’s powers while exercising revision.

(B) Civil Revision – Section 115 CPC

Though interim maintenance is granted under criminal law provisions, some maintenance or alimony matters fall under civil jurisdiction (like under Hindu Marriage Act).
Section 115 CPC allows the High Court to revise orders of subordinate civil courts where no appeal lies and the order has materially affected the case.

Thus, the revisional jurisdiction of the High Court is supervisory in nature and is invoked only to correct jurisdictional errors or gross illegalities.

3. Interim Orders of Maintenance – When and How They Can Be Challenged

(A) Types of Interim Maintenance Orders

Under Section 125 CrPC – Magistrates grant interim maintenance to wives, children or parents.
Under Domestic Violence Act, 2005 (Section 23) – Magistrates grant interim monetary relief.
Under Family Laws – Civil courts or family courts grant interim maintenance or interim alimony under statutes like Hindu Marriage Act or Special Marriage Act.

(B) Revisional Challenge

Orders granting or refusing interim maintenance under Section 125 CrPC are considered interlocutory orders. Generally, Section 397(2) CrPC bars revision against interlocutory orders.
However, courts have held that if an interim maintenance order substantially affects rights or is passed without jurisdiction, revision is maintainable.
For example, in Bhaskar Lal Sharma v. Monica (Supreme Court), the Court acknowledged the supervisory powers of the High Court in extraordinary circumstances.

(C) Practical Approach

In many High Courts, instead of revision, petitions under Section 482 CrPC (inherent powers) are filed when Section 397(2) bars revision.
But if the interim maintenance order is passed in a way that amounts to a “final order” on a material issue, revision is maintainable.
In civil contexts (e.g., interim alimony under matrimonial laws), revision under Section 115 CPC can be filed if no appeal lies.

4. Interim Bail Orders – When and How They Can Be Challenged

(A) Types of Interim Bail Orders

Interim bail granted pending final decision of a bail application.
Interim bail rejected by Sessions Court or Magistrate.
Interim suspension of sentence in appellate matters.

(B) Revisional Challenge to Bail Orders

Bail orders are considered interlocutory orders under CrPC. Section 397(2) bars revision of interlocutory orders.
However, the Supreme Court in Madhu Limaye v. State of Maharashtra (1977) clarified that some orders, though interim in form, may not be purely interlocutory if they substantially affect rights.
The general rule is:
- Order granting bail: usually cannot be challenged in revision but can be cancelled under Section 439(2) CrPC or challenged under Section 482 CrPC.
- Order refusing bail: can be challenged by applying for bail directly in the High Court under Section 439 CrPC rather than filing a revision.

Thus, challenging an interim bail order through revision is uncommon; remedies like cancellation of bail or direct bail applications are preferred.

5. Bar on Revision of Interlocutory Orders – Section 397(2) CrPC

The crucial provision to understand is Section 397(2) CrPC, which states:

“The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.”

This means that purely temporary or procedural orders cannot be revised. Only those orders which decide rights or liabilities substantially (even if interim) may be revised. Courts determine this on a case-by-case basis.

6. Key Judicial Precedents

Madhu Limaye v. State of Maharashtra (1977) 4 SCC 551 – Distinguished interlocutory and intermediate orders.
Amar Nath v. State of Haryana (1977) 4 SCC 137 – Revision maintainable if the order affects rights substantially.
Bhaskar Lal Sharma v. Monica (2014) 3 SCC 383 – Supervisory jurisdiction available in exceptional circumstances even against interim maintenance orders.
Prabhu Chawla v. State of Rajasthan (2016) 16 SCC 30 – Inherent powers under Section 482 CrPC not limited by Section 397(2) in appropriate cases.
K.K. Patel v. State of Gujarat (2000) 6 SCC 195 – Orders framing charges not purely interlocutory.

These cases show that while revision is barred against interlocutory orders, courts interpret the bar narrowly when fundamental rights or jurisdictional errors are involved.

7. Procedure for Filing Revision Against Interim Orders

Obtain Certified Copy of the interim order.
Draft Revision Petition explaining how the order is illegal, improper, or passed without jurisdiction.
State Grounds of Revision referring to relevant provisions.
Annex Documents such as affidavits, maintenance applications, bail applications, and previous orders.
Seek Interim Relief (like stay of the interim order) pending disposal of revision.
File in High Court or Sessions Court depending on jurisdiction.

8. Interim Relief in Revision Petitions

When challenging an interim maintenance order, you may request the High Court to stay the operation of the order until the revision is decided. Courts often grant such interim protection if a strong prima facie case exists.

9. Alternative Remedies to Revision

Section 482 CrPC Petition: If Section 397(2) CrPC bars revision, a petition under inherent powers can be filed.
Appeal under Specific Statute: Some maintenance orders are appealable under family laws.
Cancellation or Modification Applications: Bail can be cancelled under Section 439(2) CrPC or modified by the same court.

Thus, revision is not the only remedy; it is one of several options.

10. Practical Considerations for Lawyers

Always analyze whether the impugned interim order is interlocutory, intermediate, or final.
Prefer direct statutory remedies where available (e.g., Section 439 for bail, appeal under family laws).
Use Section 482 CrPC as a last resort but draft carefully to show abuse of process or lack of jurisdiction.
Always attach all relevant documents because revisional jurisdiction is mainly on the record; fresh evidence is rarely permitted.

11. Frequently Asked Questions (FAQs)

Q1. Can I directly approach the High Court to challenge interim maintenance?
Yes, you may file a criminal revision or a Section 482 CrPC petition in the High Court depending on circumstances.

Q2. Is revision the only remedy against interim bail orders?
No. The usual remedy is to apply for bail directly under Section 439 CrPC or seek cancellation under Section 439(2) CrPC.

Q3. Can the High Court stay the operation of an interim maintenance order during revision?
Yes. High Courts can grant interim relief if it finds a prima facie case and balance of convenience.

Q4. Are interim orders always interlocutory?
Not always. Some interim orders may have the effect of final determination of certain rights and may thus be revisable.

Q5. Does the High Court hear evidence in revisions against interim orders?
Generally no. High Courts review records and legality rather than rehearing the case.

Q6. Can a Sessions Court also entertain a revision against interim orders?
Yes. Under Section 397 CrPC, both the High Court and Sessions Court have concurrent revisional powers.

12. Conclusion

To conclude, interim orders of maintenance or interim bail orders can be challenged in revision at the High Court, but only under limited circumstances. The maintainability of such a revision depends on whether the order is interlocutory or has the effect of determining substantive rights. The High Court exercises its revisional jurisdiction sparingly, mainly to correct jurisdictional errors or gross miscarriages of justice.

For interim maintenance orders, the High Court may entertain a criminal revision or a Section 482 CrPC petition when no other effective remedy exists. For interim bail orders, the preferred route is usually to file for bail directly under Section 439 CrPC or seek cancellation, but in exceptional cases, revision may also be considered.

Thus, while revisional jurisdiction offers an important safeguard, litigants should assess the nature of the interim order, the statutory bar under Section 397(2), and alternative remedies before invoking the High Court’s revisional powers.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304