Stay on maintenance order in family court
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
hi.
how do i obtain a stay on an interim order of maintenance in family court?
what sections would apply?
thanks
Shonee Kapoor
(Expert) 13 January 2012
You have to move in for revision, however, it is upto the descrition of the higher court.
Generally no stay is granted against interim maintenance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
Defense is like a snake and ladder game, if you are persistent than only results will come, no formula or provision will work.
Guest
(Expert) 13 January 2012
IF THIS MATTER BELONGS TO DELHI OR NCR, PLS FEEL FREE TO CONTACT ME ASAP.
Manoj kumar,
Advocate,
Delhi.
Ph: 09310443650 / 09319220768
Email: advocates.agra@gmail.com
ajay sethi
(Expert) 13 January 2012
agree with shoneee
Deepak Nair
(Expert) 13 January 2012
Rightly advised by Mr.Kapoor
V R SHROFF
(Expert) 13 January 2012
Agree with Mr. Kapoor
Raj Kumar Makkad
(Expert) 13 January 2012
Durga Das v. Smt. Tara Rani, AIR & H 141, referred to.
2.A Court intervening under the Hindu Marriage Act undoubtedly has the power to grant permanent alimony or maintenance, if that power is invoked at the juncture when the marital status is affected or disrupted. It also retains the power subsequently to be invoked on application by a party entitled to relief. A nd such order, in all events, remains within the jurisdiction of that court, to be altered or modified as future situations may warrant.
M/s. Y-not legal services
(Expert) 14 January 2012
good morning shonee sir,
in our revision petition we cant pray to stay further proceedings till pending disposal of the revision petition?
-tom-
Devajyoti Barman
(Expert) 14 January 2012
In revision you can well pray for stay as the section 397 and 401 crpc so provides.
However in maintenance matters such stays are often conditional one .
