arundhatii (Junior Advocate) 19 May 2011

STAY on the EXECUTION of INTERIM MAINTENANCE ORDER

Hon'ble Members,

Thank you for your support and guidance. It is because of you people a new lawyer like me have successfully filed Written Statement, Application for condonation of delay and Appeal (against interim maintenance order) (sessions) in Domestic Violence Case. It would have been very difficult without your help. i really appreciate your efforts.

I need more guidance from you on the issue of "filing stay" on the execution of interim maintenance order granted by Hon'ble Magistrate court. I have filed an Appeal in court of sessions against the impugned order of interim maintenance, hearing of which is scheduled on 15th June. Today, Magistrate court judge told me to file a STAY on the order of interim maintenance granted by him. I was shocked as i thought no separate stay would be necessary to file because the interim order is pending as an appeal.

Kindly guide me in this regard. Let me know under which provision i can draft "stay" petition.

I would be very thankfull.

Arundhati

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7 Replies

VictimOfBiasLaw (Professional) 19 May 2011

i have the same situation ,
my (husband) lawyer filed stay on interiem maintenance as wife filed false income proof of husband and court has considered it as an offence.

My Q :

- Will affect CRPC-125 ? as wife has also filed CRPC-125 but case is not yet started.
- if i win DV case CRPC-125 is still applicable ? or court can dismiss CRPC-125 on false ground ?

Jamai Of Law (propra) 19 May 2011

Arundhatiu ji

Aap ne WS kyun aur kisliye banaya?

Jamai Of Law (propra) 20 May 2011

Adv. Arundhati ji

For the betterment of all readers (and mostly novice people like us) ............. Would you please post your gathered knowhow so far ..based on your llb as well as previous experience etc, in regards to stay of execution

And some practical knowledge which isn't there in books ...

It would really really help many people reading this forum.

Regards

JOL

arundhatii (Junior Advocate) 20 May 2011

Jamai ji i got my answer. I need only to file a memo to the lower court regarding the current situation of pending appeal so that i could get a stay on the proceedings till the appeal is disposed off at the sessions. Thank you.

Jamai Of Law (propra) 21 May 2011

Memo?

"Today, Magistrate court judge told me to file a STAY on the order of interim maintenance granted by him"

One small question ........... Didn'tyou ever work as an assistant of any senior lawyer especially in criminal court?

1 Like

(Guest)

SIR,

KINDLY NOTE THAT YOU MAY FILE AN ADDITIONAL APPLICATION FOR INTERIM STAY FOR EXECUTION OF SAID ORDER,IN THE SAID SESSIONS COURT MATTER.ALSO FILE A SUPPORTING AFFIDAVIT.COURT WILL CALL SAY OF OTHER SIDE AND WILL PASS JUST AND PROPER ORDER .IT MAY ALLOW OR REJECT IT.

IN CASE OF REJECTION YOU MAY APPROACH HC.GOOD LUCK.

Paras (Lead Consultant ) 29 July 2014

Hi All Here is a Situation. A guy (One of my friend) who was pretty innocent signed an interim agreement of paying a maintainance of 20K / month based on which an order was passed for the same. The wife then pursued a 498A , 504,506 and 323 case against her husband. Since no case was in existence at the time of the agreement it was verbally discussed amongst the lawyers but it did not came up in the order. Now what are the remedies available for a STAY on this interim maintainance order. I see a couple of grounds but would like experts to put some light on it 1. Earlier the husband was residing with his friend and now he has to relocate to a paid accomodation 2. The husband is relocating to another city (to Noida from Gurgaon). 3. The Wife has changed the circumstances as she concelaed the fact that she was in parallel pursuing a criminal proceeding and this matter came in light after the order. 4. A verbal agreement was not reflected in the order where it was decided amongst the lawyers not to pursue any cases further.