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Totallyharrased (me)     01 June 2015

125(3) and 128 crpc for recovery of maintenance

Maintenance order has been passed in favour to my estranged wife @ Rs 20000/- per month by the family court two months ago. In this impugned judgement, the trial court did not considered the fact that my estranged wife is working and can maintain her well. The trial court also did not considered the fact that she left the matrimonial home without sufficient cause as one email of her was submitted to the court which tells that she was ready to return the matrimonial home if a separate latrine and bathroom is provided to her. I have not paid the maintenance to her till now. I have applied for revision of the impugned judgement in high court. Now she applied u/s 125(3) and 128 crpc for recovery of maintenance in family court. If I get a stay order of the impugned judgement of maintenance from high court can I avoid the payment of recovery of maintenance or avoid imprisonment?



Learning

 1 Replies

Advocate Lovkesh Gupta (Divorce Court marriage criminal civil lawyer in jalandhar)     02 June 2015

if the court grant stay then  lower court  is bound to follow the order of HC


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