How to stop stay from mc case & how to dismiss the revision
Selvi
(Querist) 30 January 2017
This query is : Resolved
I have filed mc case (u/s 125 of crpc) against my hubby. Order passed on dec2016. Order said that "arrear amt to b paid within 3 month from d order date( i.e Mar2017) & monthly amt to b paid every 5th day of calendar month ( i.e. 5th Jan 2017).But my hubby has not paid any amt till date.Instead he filed Crl.M.P& crl.R.C. against me in high court. What shall I do? I have filed vakalat for further proceeding bef high court.
My hubby filed revision &stay petition with d intention of not paying any maintenance amt to harras me.
Please suggest ur expert advise to tackle this situation.
How to stop dis stay & how to disclose revision petition?
What r d techniques/steps I have to follow from my end?
Madhava Rao Gorrepati
(Expert) 31 January 2017
The Magistrate must have passed the order after giving serious thought to the rival contentions. of course your hubby is entitled the legality, propriety and correctness of the order either in the sessions Court or in High Court. but the higher court does not blindly grant stay. If you are not entitled to maintenance then only the higher forum intervenes. since you said you appointed a lawyer in high court and he filed vakalath ask your lawyer to argue in main Revision case itself instead of stay petition. from your letter it appears as of now there is no stay. then go for enforcement of the order.
Rajendra K Goyal
(Expert) 31 January 2017
Repeated query.
http://www.lawyersclubindia.com/experts/Execute-petition-for-Mc-order-u-s-125-crpc-630351.asp
