Appeal on interim dv maintenance order
shrishriml
(Querist) 22 November 2017
This query is : Resolved
I received an order for interim maintenance in Domestic Violence case from magistrate court in which husband has been asked to pay 50000/- maintenance per month from date of application ie (May 2017) and also 1 lacs towards initial school and admission fees paid for our 4 year old child.
Order has been passed by duly considering the salary slips and income tax returns of both parties.
This amount was to be paid in one month however on last date in trial court husband s lawyer sought an adjournment saying they have applied for a stay on this order and appealed in sessions court. We appeared in the date in sessions court on the appeal. We didnt get summons but still appeared. Judge has asked us to reply to their stay application and appeal by next date which is after the date in the trial court.
Questions:
Since there is no stay order yet, can trial court proceed with the execution? On last date trial court judge had told them that if they dont get stay by next date he has to pay entire arrears. My lawyer is going by this and hence didnt mention in session court that he must first clear arrears.
Can we file for execution in trial court during pendency of stay application as it would take another 2 months for the order.
The entire appeal and stay is only on grounds that DV allegations are false and no DV has occured.
They have not appealed on the interim maintenance amount. What are their chances of getting a complete stay?
Vijay Raj Mahajan
(Expert) 23 November 2017
Although there is no specific stay order on the payment of arrears of maintenance the admission of appeal in session court against the order of maintenance by itself means the stay is being allowed. However you may file for execution of the amount due on next date in trail court but it's sure the trail judge will ask you to wait till the disposal of session court proceedings. He may even ask the respondent to pay the dues without passing strict execution process to be carried out against the respondent like attaching his salary or bank account.
shrishriml
(Querist) 23 November 2017
So the appeal might go in for another one year...what is the interim relief that i can get? any directions that can be got from high court?
Dr J C Vashista
(Expert) 24 November 2017
I respectfully disagree with expert Mr. Vijay Raj Mahajan since there has to be specific orders from Sessions Court to stay execution of orders passed by Magistrate hence the decree holder/complainant is well within her rights to get the order passed in her favour to be executed.
