Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: HC Stay order on interim maintenance and next steps  (Read 795 times)

0 Members and 1 Guest are viewing this topic.

Offline ashishks

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
HC Stay order on interim maintenance and next steps
« on: June 07, 2016, 11:33:40 AM »
From district court I got maintenance order of 20000 in Crpc 125 case and 10000 in DV case. But my husband filed review petition in High court. Court order is following

Considering the fact that the total interim maintenance
awarded is Rs.30,000/-, including the maintenance
awarded in Domestic Violence case, however, the facts
and circumstances of the case by way of interim relief, it
is directed that subject to deposit of Rs.25,000/- in total
including in this case as well as in domestic violence, the
operation of the order impugned shall remain stayed. It
is made clear that the violation of aforesaid direction
would entail the vacation of the order of stay passed
today by this Court.

What does this order mean?
- does it mean than maintenance amount is reduced to 20000 Rupees.

what should be my next steps to challenge this stay order?

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 510
  • Karma: +14/-11
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: HC Stay order on interim maintenance and next steps
« Reply #1 on: June 08, 2016, 12:08:09 AM »
Dear Ma'am,

If you are granted 20k in 125 crpc and 10k in DV case then the husband is only liable to pay 20k to you, which ever is highest in the maintenance case filed by the wife. this law laid down by the supreme court that even if maintenance is granted in section 125 of crpc and DV case and Section 24 of HMA or Hindu adoption and maintenance act, the husband is only liable to pay the maintenance which ever is highest in one case and not adding all the maintenance amount.

Interestingly, high court has only granted stay to the tune of 25k and not 20k, which is even a good order for you but legally not correct. I think the husband lawyer was not aware of this law or the case may be. Please do not challenge this order and continue to take the maintenance to the tune of 25 k per month.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1222
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: HC Stay order on interim maintenance and next steps
« Reply #2 on: June 08, 2016, 02:52:39 AM »
You have to fight the review petition case. As far as I have understood, HC has stayed the order of interim maintenance which means your husband is not required to pay any interim maintenance to you. If his review petition gets rejected then you shall be eligible to get interim maintenance to the tune of 30000
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

  • Veteran at Law
  • *****
  • Posts: 281
  • Karma: +15/-19
  • Welcome to Legal Win Consulting LLP
    • View Profile
    • Legal Win Consulting LLP
Re: HC Stay order on interim maintenance and next steps
« Reply #3 on: June 08, 2016, 09:28:56 AM »
Hi
The order of the high court is that till such time the petition is disposed by the High court you will be paid an interim maintenance of Rs25000( This  includes maintenance claimed under Sec 125 Cr. P.C and Domestic violence).
Since this is an interim order, you would have been probably issued notices by high court to enter appearance and present your (wife) case.
So once you receive notice from high court, ask your lawyer to prepare the grounds of Defence and once the court is convinced of your claims, probably might grant your request.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India