Rama 28 February 2025

Filing parallel m.p for the recovery of maintainance in dvc for arrears

Dear Sir,

My brother's wife filed MP in DVC for the recovery of arrears in DVC awarded in 2014, for a period of 26 months beginning from May 2017. Honourable High Court directed him to pay 50& of 2.6 Lakhs amount by 24-02-2025 and the same is paid. Honourable high Court granted stay from the further proceedings in the said MP and the same is pending.

Meanwhile my brothers wife filed parallel MP for the recovery of the arrears beginning from August 2019 to Dec 2025, for a period of 65 months and the Honourable court is pressing for the same now.

Can she file parallel MP for the recovery of dues once the high court granted stay in the previously filed MP, while 50% dues are still pending in the earlier MP.

Kindly suggest, what can be done now.

Thanks

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 28 February 2025

If there's a stay order by high court against all proceedings then you can produce the certified copy of the order and request the court to stall the proceedings

But you should bear it in mind that high court has stayed only the proceedings in the DV case and not passed any order in the new miscellaneous petition filed against the arrears of maintenance for the subsequent period which was not included in the previous petition.

You may have to approach high court once again against the latest MP also.