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babli (MD)     08 June 2014

Appeal against maintenance order in dv act

Hello Experts

If the husband is asked to pay a sum of Rs 2.25 lacs as maintenance to his wife and minor son from the date of filing the case which is feb 2013. Then can he go for appeal u/s 29 dv act in sessions court or he can directly approach high court for stay of order and further modification. 

Though the order for maintenance is detailed but still the husband if unable to pay. What is the remedy? Is it mandatory to clear the arrears before appeal? What is the remedy to avoid arrears as the amount is very high?

Please help.



Learning

 8 Replies

great india (manager)     08 June 2014

Explain in detail from which date and what orders. How is the distribution of maintenance

Adv. Chandrasekhar (Advocate)     08 June 2014

The appeal lies in sessions court.  While admitting appeal, the court directs the appellant to pay part amount to the respondent wife before hearing the appeal.

babli (MD)     08 June 2014

hello

thanks for replies.

30.05.14 date of order effective from feb 2013. distribution of maintenance is rent and maintenance to wife and son. judge has stressed on giving same lifestyle to the son as enjoyed by father. how much will be the amount that court might ask the husband to deposit in case of appeal in sessions court. can there be stay on order of maintenance without paying any money to wife.

babli (MD)     08 June 2014

can there be exparte stay on orders if appeal presented on merits or the wife will be served notice before admitting the appeal by sessions court.

Adv. Chandrasekhar (Advocate)     09 June 2014

Mostly the court will grant ex-parte stay and notice to the opposite party with a conditional direction to the appellant to deposit certain part of maintenance.

Gautam Kapoor (IT professional Studying Law)     09 June 2014

Yes Babli they are exparte orders and can be well challenged in the limitation period.

babli (MD)     09 June 2014

mr chandrashekhar and mr kapoor

thanks for your replies. since the amount from feb 2013 is more than 30 lacs if 2.25 lacs per month is calculated. how much could be the amount that the court may ask to give the wife before admitting appeal and granting expartee stay and even after stay would husband has to pay any amont monthly to wife during pendency of the case.

satish bhaskar (Litigant)     09 June 2014

That is more than salary of Judges, Prime Minister etc. When you are such high class people, if so, then you can ask your queries to your lawyer who filed the DV case..

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