Mentainance recovery.
Querist :
Anonymous
(Querist) 19 April 2011
This query is : Resolved
Hello Sir,
My wife has filed a false case under DV act in Feb 2009. After many happenings, I am directed by session court to pay Rs.5000 towards rent,setting aside the earlier ex-aparty order to stay in my house. She is yet to file the affedevite. After 5K order, she has purposly left the job (salary: Rs.25000) making me responsible and has amended the existing application for intrim relief of Rs.20000. Lower court granted partial relief of additional Rs. 7000. I have appealed to Session court against this, as I am unable to pay any more amount than 5000 (even this is causing financial stress). By the time now she managed to delay the hearing at appelete court and now filed application in lower court for recovery of mentainance. I am not sure how the law is working. Lower court is well aware that the appeal has been filed and still entertaining such application. What are possibility that she would get relief in this also ?
Please help with any suggestion.
Regards.
M/s. Y-not legal services
(Expert) 19 April 2011
You may file an interim stay petition for lower court's proceeings, till pending disposal of your appeal.
Querist :
Anonymous
(Querist) 19 April 2011
Hello Sir,
Thanks a lot for quick response.
Session court has called the records of proceedings. Should we still file an interim stay petition ?
Thanks in advance.
Regards.
M/s. Y-not legal services
(Expert) 19 April 2011
Its mean your lower court proceedings is stayed by sessions court sir. Without case bundle how the lower court will deal your case sir.. Just wait for your appeal's order. Take care
Guest
(Expert) 19 April 2011
lower court is waiting for the order of the sessions court and also the sessions court will summon the file for the proceedings and also at this time the maintenance is automatically stayed in this regard.
Querist :
Anonymous
(Querist) 08 June 2011
Thought to share the happenings/result-
Lower court accepted her application even though it didn't have the case bundle. I rcvd summons to reply the same. Being afraid of lower court that is consistently favoring her, I approached to session court directly and asked to consider that the whole purpose of appeal would be in vein if I have to pay for recovery amount & begged for stay. The session court asked me deposit 1 month's deposit until she receives the summons.
Yours,
Mr. Thot to share the result -
Lower court accepted her application even though they didnt had the case bundle.I rcvd summon to reply the same. Being afraid of lower court that is consistantly favouring her, I approached to session court directly and asked to consider that the whole purpose of appeal would be in vein if I have to pay for recovery amount. The session court asked me deposit 1 month's deposit until she receives the summons.
Yours,
Mr. Frustrated.
