Enforcement of interim maintenance during pendency of appeal

sudhir (Querist) 10 April 2014 This query is : Resolved
The JMFC court awarded 40% of my salary for my 2 kids staying with my estranged wife in sec 125 as interim maintenance.I filed a revision in ASJ court which admitted the appeal subject to the condition that the appellant will deposit 75% of the arrear amount in the JMFC court within 15 days. No stay was however granted. I deposited the amount along with the order in the JMFC court.The JMFC court released the amount to my wife and passed the following order ".. Now the parties to come on 18th April for
balance payment" Can the JMFC force me to pay the balance 25% even when the appeal is pending in the sessions court?

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Devajyoti Barman (Expert) 10 April 2014
Yes, if the stay is not granted by the appellate court. Check whether stay is granted or not. When the appeal court put the condition it is most likely that the stay is granted on making such payment.

sudhir (Querist) 11 April 2014
The appeal court order stated that "lower court record be requisitioned 2 days before the date fixed. However, the revisionist is directed to deposit 75% of the arrears failing which the revision petition shall be dismissed"

Dr J C Vashista (Expert) 11 April 2014
There is no stay, hence you are to deposit the balance of amount awarded.

Devajyoti Barman (Expert) 11 April 2014
Yes, this is not stay but the order is very prejudicial also.
Court can not put such restriction for the purpose of admission itself. Challenge the order in high court.

Guest (Expert) 11 April 2014
It seems while making revision petition no relief was sought as a stay on payment of interim maintenance for kids.

Rajendra K Goyal (Expert) 11 April 2014
Stay was not granted, balance has to be deposited.

ajay sethi (Expert) 11 April 2014
agree with experts you have to pay balance amount as no stay was granted

sudhir (Querist) 11 April 2014
On our request for stay during admission, ASJ stated that stay is automatic once records are requisitioned. But the JMFC does not seem to agree. Can we approach the ASJ again for request for stay / clarification ?

Devajyoti Barman (Expert) 11 April 2014
yes, approach him again.

Dr J C Vashista (Expert) 12 April 2014
You are required to approach the ASJ again and request for stay.

T. Kalaiselvan, Advocate (Expert) 12 April 2014
With the proof of having complied with the order to deposit 75% of the arrears amount, a request can be placed before the ASJ for stay of the operation of the interim order as prayed for in the revision petition.

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