Delhi high court appeal

If you are appearing before high court and seek time to file your reply/counter/objection to his appeal, the high court will grant time  but it will not pass any interim stay as sought for by the appellant since you have already appeared. .

@ t kalaiselvan sir- ok sir. Thanks for your opinion. Just want to ask a simple thing that if by chance high court grants a stay on the current monthly maintenance amount then is it going to be a conditional stay so that husband deposits some amount towards monthly maintenance or stay will be on the entire monthly maintenance amount ? Bcz its a matter of my survival and my food etc..

Since the maintenance is granted by trail court upon evidance and other realted things, and he is convicted too, there are least to nil chances of staying maintenance. Are you divorced already?  

High Court may not grant stay on maitenance that is rearest of rare

@real soul- ok sir.thanks a lot for your opinion. Appeal in high court by him is against the final order of dvcat case passed by sessions court. I have moved an application for permanent alimony separately under section 25 under his divorce case. Matter is listed for final arguments after completing of evidence,cross examine etc of the main divorce case but before the final arguments only i have moved a permanent alimony application under his divorce case to secure my future. As of now i am feeling scared for the high court appeal case bcz if thr is a stay on maintenance by high court then it vl be impossible for me to survive. Hope high court grants a conditional stay that he shud deposit some amount atleast till the pendency of the appeal

That is second appeal and Second Appeal has least chances to let down the courts below descision,, the court would hear the case on the question of law alone and no facts would be upset proved by trail court .

The second appeal can be filed only if there exists a substantial question of law. In the case the question of law would be substantial if it is of general public importance or which directly and substantially affects rights of the parties.

Since there is option of Second Appeal in law your husband is trying that too to keep you busy and break your moral. The scope is very narrow and stay at the initail stage is leat to rearest. Better you remain present in the court on the day of hearing and seek time to hire an advocate. No need to worry

@real soul sir thanks a lot for all your guidance and positivity. But can you pls guide little on this as I want to prepare myself in this scenario if by chance things happen like this.if by chance. suppose high court puts a stay on the monthly maintenance amount as ordered by the sessions court on the first hearing only then how can i convince the judge that it vl affect my survival etc.. or if I request the judge to direct him to deposit some amount monthly or what is the best thing that i can tell the judge bcz if judge puts a stay then i won't be able to even arrange my food 

I don' know upon what grounds he filed the appeal; it is better to take time for filing of preparing the defence court will grant time and it is better to get the copy of apeeal from the court and hire a good advocate to get the appeal dismised on first hearing itself.

Ok. Right. Difficult to give an opinion without seeing papers. Still thanks a lot for your opinion. Best is that i take time for engaging a counsel and submit my reply properly. Still thanks a lot for all your guidance

How he has been convicted under DV Act? What is allegation and under which provision?