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Legal service India => Marriage => Topic started by: ashishks on June 07, 2016, 11:33:40 AM

Title: HC Stay order on interim maintenance and next steps
Post by: ashishks 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?
Title: Re: HC Stay order on interim maintenance and next steps
Post by: advjaibansal 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,
Title: Re: HC Stay order on interim maintenance and next steps
Post by: adv.amarnath 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
Title: Re: HC Stay order on interim maintenance and next steps
Post by: rajgopal sripathi 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.