Stay order on maintenance
Nirav sharma
(Querist) 19 November 2018
This query is : Resolved
Hello experts
My wife had filed for maintenance u/s 125 in March 2016 and maintenance order was passed in May 2018 for paying her 7000 pm with effect from March 2016. My wife had transferred rs 526000 from my account to her account on March 2016. This fact she admitted in court and even I gave evidence of same. My evidence was de-exhibited since I had not been present for cross examination. Through another lawyer I have applied in high court for a stay on maintenance in June 2018. As of yet I have not obtained stay. Meanwhile my wife approached court for recovery of maintenance amount and I was made to pay another 50000 on first day of hearing. Does it take so long to obtain stay order? How can I afford to pay her maintenance again? What can I do if I am unable to get stay order by next hearing date of recovery of maintenance amount?
KISHAN DUTT KALASKAR
(Expert) 19 November 2018
Dear Sir,
The High Courts are burdened with heavy work due to shortage of Hon’ble Judges. Pay just arrears of maintenance in installments and show your bonafides to the Magistrate Court till you get stay order from the High Court.
Please mark “LIKE” if satisfied by my answer.
Nirav sharma
(Querist) 19 November 2018
Sir there are no arrears. In fact the calculation of amount of 7000 pm from March 2016 to now shows that she has taken more money than she should be actually getting.
SHIRISH PAWAR, 7738990900
(Expert) 19 November 2018
You have to pay the maintenance to your wife as per court's order till you get the stay order from High Court. Withdraw of amount from your account is different issue. Consult with local advocate for same.
Vijay Raj Mahajan
(Expert) 19 November 2018
The court will definitely consider the amount taken by your wife from your account while allowing her execution application of maintenance amount. You should insist that to be taken in consideration.
However if the account was jointly held by both you and your wife, the wife right to claim 50% of the amount deposited there will be also taken in consideration by the court unless you prove the entire amount was deposited by you only and nothing was coming from your wife.
Nirav sharma
(Querist) 19 November 2018
I have necessary proofs to show that the account is in my sole name and the amount in it was deposited by me
Nirav sharma
(Querist) 19 November 2018
I have necessary proofs to show that the account is in my sole name and the amount in it was deposited by me
Nirav sharma
(Querist) 19 November 2018
I have necessary proofs to show that the account is in my sole name and the amount in it was deposited by me
Kumar Doab
(Expert) 19 November 2018
Share the proofs with your counsel and with court thru your counsel.
Dr J C Vashista
(Expert) 21 November 2018
Discuss with your lawyer for better appreciation of facts, guidance and proceeding.
If you have lost faith in your lawyer, change him/her immediately; otherwise proceed as advised.
