Vijay (other) 02 April 2013

Lower court proceedings when case in higher court

My wife had filed for divorce case and also asked for interim maintenance from the lower family court. The family court has granted her an exorbitant amount which I cannot pay. I have gone to the high court for appeal. My case has been admitted and waiting on hearing to start.

The issue I have is the lower court judge is very biased and is harrasing us everytime there is a hearing date. Some of the stuff he keeps saying is bring the money next time or your credit card or your home keys even though he knows I am appealing against his order in the high court.

Is it possible to stop all proceedings in the lower court on the maintenance issue till the higher court has made its judgement?

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7 Replies

stanley (Freedom) 02 April 2013

File an appication in the lower court to put a stay to the proceedings stating that you have filed a appeal in the high court . Your lawyer should have directed you accordingly .

gopal (Faculty) 02 April 2013

Get order from the high court that stay the lower court proceedings. inform this to your lawyer who is appearing for you in high court. he will do the rest.

(Guest)

Originally posted by : Vijay
	My wife had filed for divorce case and also asked for interim maintenance from the lower family court. The family court has granted her an exorbitant amount which I cannot pay. I have gone to the high court for appeal. My case has been admitted and waiting on hearing to start. The issue I have is the lower court judge is very biased and is harrasing us everytime there is a hearing date. Some of the stuff he keeps saying is bring the money next time or your credit card or your home keys even though he knows I am appealing against his order in the high court. Is it possible to stop all proceedings in the lower court on the maintenance issue till the higher court has made its judgement?

Why did you not appeal in the lower court ie the Family Court itself ? WHy did you not file your objections on the IA application of beautiful wife? What was the need to go to HC?

Vijay (other) 03 April 2013

The judge in lower court who passed the order of Interim maintenance did not look at any evidence i provided and has asked me to pay an exorbitant amount of money. Honestly speaking I do not trust him.

(Guest)

Originally posted by : Vijay
	The judge in lower court who passed the order of Interim maintenance did not look at any evidence i provided and has asked me to pay an exorbitant amount of money. Honestly speaking I do not trust him.

I suppose you had filed objections as you say, and that is on record now.

You can go for an appeal in HC to reduce alimony.

Eitherways, it is just IA and not permanent alimony, so ask your lawyer to get the case moving as a bullet train, and get it over with, as it is no use just paying IA for years together.

Vijay (other) 03 April 2013

The lower court has asked me to pay 12 lakhs as Interim maintenance with 3 years arrears. Do you have any suggestion on how to get past that and just have one lumpsum deal with IA and permanent alimony?