In a CrPC 125 case, lower court has ordered interim maintenance of Rs. 6000 for wife and 9000 for 2 years old son, in total Rs. 15000 from date of order. My take home salary Rs. 30000. I had been sending monthly expense @ Rs. 6000 already to my wife since separation which MM didnt take cognizance. Hence the basic pre-requisite for the relief under CrPC 125, that neglect in maintenance of wife and child despite having sufficient means, does not arise. So, when there is no cause of action, how MM admitted the false case where my wife knowingly suppressed all the facts and rather gave fabricated statements? Even in the order MM overlooked this aspect despite that I have attached all monthly money transaction receipts.
So, I have challenged the order and filed for revision/appeal at HC. At this condition, am I legally liable to pay any interim maintenance till the dispose of the revision in HC?? Only 05 months arrear pending till date. Can my wife file for execution even though I hv challenged the order??
My main query is that, whether the lower court order comes to stay automatically when it is challenged in higher court??? Please clarify. Am I supposed to disburse the maintenance amount partly/fully even when the order has already been challenged in HC?
