Stay application on dv maintenance order
Adv Vikramsinh Mohite
(Querist) 28 September 2012
This query is : Resolved
Respected Seniors/Friends,
This is Vikramsinh Mohite from Pune. I request you to urgently advise on the following:
The JMFC Court has given final judgement in DV case granting maintenance from the date of application. I got the copy of judgement on 24th August 2012. I have filed the appeal on 24th Sept 2012. I have not applied for the stay of the order.
However, my lawyer has told me that opposite party has filed recovery proceedings against me for maintenance. I want to know the following:
1. Since I have filed appeal, do i need to file for stay application?
2. If yes, what is the time limit for filing stay application?. It is already more than 30 days.
3. In case the stay is granted by the court, how much do i need to pay?
4. How to counter the recovery proceedings?
Kindly reply asap.
Thanks & Regards
Vikram
adv. rajeev ( rajoo )
(Expert) 28 September 2012
Whether the appeal court has stayed the proceedings of the Lower court? If not press for it.
Arvind Singh Chauhan
(Expert) 28 September 2012
If appeal has been filed and appellate court has not stayed proceeding of the lower court. you can file separate stay application in appeal also. There is no question of limitation.
Rajeev Kumar
(Expert) 28 September 2012
1.During the hearing of your appeal your lawyer should pray for stay. 2. There is no need to file stay petition and there is no time limit. 3. If the stay is granted by court then needn't pay till the final disposal of appeal. 4. Recovery procceeding will stayed automatically. If stay is granted in appeal.
R.K Nanda
(Expert) 28 September 2012
file stay application in appeal to get stay order and with the grant of stay in ur favour
recovery proceedings will be stopped against
you.
JANAK RAJ VATSA
(Expert) 28 September 2012
if the stay order is granted by the court of appeal, then the recovery proceedings will be stopped
Raj Kumar Makkad
(Expert) 30 September 2012
I have also similar opinion as has been expressed above by many experts.
Adv Vikramsinh Mohite
(Querist) 01 October 2012
I am grateful for the expers for giving their valuable advise.
V R SHROFF
(Expert) 22 December 2012
STAY APPLICATION IS A MUST, to stop recovery proceedings.
