Dv maintenance execution

1. You say you have filed an Appeal. In that Appeal you must have prayed for Stay of lower Court proceedings and impugned Order! Right-on!!

2. So diligently follow your Appeal on Urgent mode first and once Stay allowed extrapolate same now into Execution Court proceedings and meanwhile before Execution Court say an Appeal is pending further adjudication which both are like round-robin exercise as in running around from one court corridor to another court corridor.

Execution, if in her favour which is obvious then it is for the whole amount and there you can plead installment payments or maximum till by when that is all your scope there is. Reason being, an Execution Court cannot go into Evidences of ex-party or based on what the award was given by concerned Court PERIOD.

BTW, your current lawyer should know all these basics!  

Thanks for the reply. If I get a stay in appeal case then still will I be required to pay a certain amount monthly till the final judgement? I have already stated in the Execution case that appeal has been filed. But still can the court order in the execution petition?

STAY means stay of DV Case last order on interim maintenance and further proceedings till the Superior Court decides on Appeal. However since it is matter of minor's maint. I reserve my partial doubt.

STAY means producing certified copy of stay Order in Execution Court the utility of Execution proceedings gets infructuous hence could also be prayed for dismissal for the time being.

Wait and watch the Board.

Sir,

Do you mean to say that since it is the maint of minor so I will not get a stay? I was in UK on work for 3 months when the order was passed and i was not aware of it. 

My wife is also working though her salary is 1/4th of mine. I also want to know if after arguments the judge can increase maintenance amount? She has also askd for a house, this was not given in the judgement, but now in the appeal if they argue then can she get a house also?

If you have appealed against ex parte order in a superior Court on merit grounds then re-read my last reply. It is self explanatory. Concentrate on it first then we will discuss your rest parts under apprehensive enquiry .

Sir,

The appeal court is asking me to pay the maintenance to the child and then go for mediation. What should I do now? I do not want to pay till mediation is decided upon.

If I were in your place facing such situations I would rather place on records a DD annexing with an Application for consideration with prayer; “to release the same after mediation for Child and also would have prayed to make mediation time-bound”.

See Child maint. one has to pay, now how one pays it, is different strategy. Right now you want Appeal Court to hear your Appeal merit point i.e. “I was overseas and un-aware of Notice thus ex-parte order passed which is illegal in facts”

Against which Appeal Court followed its procedure i.e. mediation and pronto your lovely wife’s Advocate wept and wept and said “hazoor his child is living on streets, mercy, mercy” based on which instead of seeing him weeping more Appeal Court ordered you to “since you came back from overseas trip you have with you share of world Bank hence pay maint. arrears for child and also go for mediation if it works with you two then fine get out of my Court and go and lead a blissful married life.”

Also once Execution petition filed even if you both walk hand in hand post mediation to your home with child the Appeal matter r/w Execution petition + main DV complaint case needs to be dismissed and I doubt it may so easily can be done after succesful mediation and same question of child maint. arrers payment need to have been paid will roam in corridors of the now another superior court!.

Read above strategy in reverse you will get zest of what I mean to express and if you cannot understand leg and peg of it then take my replies printout and show to your Lawyer, may be he may make you understand how to get your point across and both purposes are thus solved.

[Last reply on this topic from my end]