Process for stay on interim maintainence
RKP
(Querist) 06 February 2023
This query is : Resolved
This query is in continuation of my previous query https://www.lawyersclubindia.com/experts/divorce-case-ia-maintainence-related-query-745886.asp.
Bangalore family court has awarded some interim maintenance to my wife and I have just approached the high court for its review. We were expecting the high court judge to order a stay on the family court's ia order. But the high court judge said that before issuing a stay he would also like to hear the wife's lawyer's side. My question is when a husband approaches high court for interim maintenance review then the high court judge will directly order a stay or will he listen to wife's side also before issuing a stay and then decide to order the stay or something else?
Advocate Bhartesh goyal
(Expert) 07 February 2023
High Court will pass appropriate order after hearing both the parties.
RKP
(Querist) 07 February 2023
Thank you Sir for the info.
P. Venu
(Expert) 07 February 2023
It is the basic principle that the other side has to be heard unless there are urgent and compelling situations.
RKP
(Querist) 07 February 2023
Thank you sir for the reply. Actually my question was wrong. It is because my lawyer had told me that he will get a stay from the court after which the notice will go to wife and after that they will have to come to the high court for review debate of the ia amount. But in court the judge issued a summon for my wife's lawyer which was delivered to her lawyer by us to come for next date.
Dr J C Vashista
(Expert) 11 February 2023
It is not necessary that the High Court shall stay the order of Family Court qua interim maintenance passed in favour of petitioner wife/ respondent in High Court. However, the Court shall consider all relevant facts and circumstances of the case and hearing both the parties before passing an order.
You have moved in appeal (not review) assailing the order of Bangalore Family Court through a prudent lawyer, what is his /her opinion and advise ?
RKP
(Querist) 11 February 2023
Thank you Vashista sir for your kind reply. Like you my lawyer too had suggested that high court will look into the facts of both parties and then give its decision.
But in today's first date( wifes lawyers was not present ) the high court judge straight forward said that he is not going to touch the family court's order and not going to reduce the ia maintenance even though wife is staying in my flat. high court judge also did not consider the money order receipts I submitted in court as proof of my voluntary payment. high court judge also did not consider that she is staying in my flat so he should reduce the amount.
My reply is in the new query https://www.lawyersclubindia.com/experts/highcourts-refusal-to-reduce-ia-747206.asp.
