Maintenance.

Querist : Anonymous (Querist) 05 October 2010 This query is : Resolved
Is there any order or rule under CPC by which ask for not to continue the proceeding till he pays the maintanance,after the order has been passed which enforces the husband to pay the maintenance

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Devajyoti Barman (Expert) 05 October 2010
If any order for alimony is passed in a matrimonial proceeding then definitely the court could get the stay of further proceeding of the case, if filed by the husband , till payment of the alimony. In other cases the wife can execute the order of alimony through that particular court.

s.subramanian (Expert) 05 October 2010
There is no such provision in the CPC.

Rajeev kulshreshtha (Expert) 05 October 2010
Yes,There is no such provision in the CPC.

RADHA PYARI SRIPADA (Expert) 05 October 2010
I have come across applicants praying to strike off defence of the other till payment of maintenance is complied with in cases pending before the court on other issues like divorce, custody, etc., Probably under s.151, CPC.

G. ARAVINTHAN (Expert) 05 October 2010
why should proceedings to be pending, court can order main application for this reason itself

Kirti Kar Tripathi (Expert) 11 October 2010
you can move an application under Section 151 of C.p.c, in which the court has inheritance powers to to act in advancing justice.

Querist : Anonymous (Querist) 03 December 2010
thnx alot all of d experts for the answers.

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