gdk (student) 30 April 2011
Dear Friends,
I got maintenance order in DVC Case in lower court in January, 2010.
Then my husband didn't file appeal in time, so he went for condonation of delay.
Afterwards, in appeal also, previous maintenance order was supported by MSJ.
Now, my husband wants to go appeal for High Court.
My lawyer is saying that 50% of arrears I will get, is it so?
Ravindra Mangire (Advaote) 30 April 2011
No. It is the sole discretion of the High Court or teh Lower Court, who can ask your husband to deposit the arrears of maintenance, however there is no any rule that he should deposit 50 % of the arrears so as to prefer an appeal before the Appellate forum.
Jamai Of Law (propra) 30 April 2011
Husband isn't doing meherbani by depositing 50%. anyways there no such % prescribed. it is courts discretion.
Wife should oppose and raise objection. she can't be deprived to enjoy the fruits of order once passed.
Every respondent says 'difficulties and fraud etc' . it is obvious if decree is passed against.
There is should be genuine reason. ITs like a bank debtor.
Can anyone refuse to pay bank loan easily?
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