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Alimony matter

(Querist) 26 September 2017 This query is : Resolved 
SIR, MY DIVORCE JUDGEMENT WAS GIVEN ON 28/01/2014 AND 3 LAKHS I HAD GIVEN AS PERMANENT ALIMONY AS DIRECTED TO ME BY FAMILY COURT. MY WIFE HAD DRAWN MONEY AND FILED FOR HIGHER ALIMONY IN HIGH COURT OF ODISHA & HIGH COURT HAD GIVEN JUDGEMENT ON 28/07/2016 TO ME TO PAY 25 LAKHS AS PERMANENT ALIMONY TO MY WIFE, WHICH AM UNABLE TO PAY & I HAD FILED REVIEW PETITION IN HIGH COURT ON 29/08/2016 BUT ITS IN PENDING STAGE. MY DIVORCED WIFE HAS FILED EXECUTION PETITION IN FAMILY COURT FOR 25 LAKHS TO GET FROM ME & THE JUDGE IS SAYING TO GIVE ORDER ON 26/09/2017. IN THE MEANTIME I HAD FILED SLP IN SUPREME COURT ON 22/09/2017 & GOT THE DIARY NUMBER. I HAD GIVEN AFFIDAVIT IN FAMILY COURT ON 23/09/2017 WITH ENCLOSING THE COPY OF DIARY NUMBER OF SUPREME COURT. NOW PLEASE HELP ME CAN THE FAMILY COURT JUDGE WILL LOOK THE MATTER IS FILED IN SUPREME COURT & GIVE ME RELIEF & WILL NOT GIVE ANY ORDER PASSED TO ME TO DEPOSIT MONEY AS THE CASE IS FILED IN SUPREME COURT OR I HAVE TO TAKE STAY ORDER FROM SUPREME COURT. AND CAN I GET STAY ORDER FROM SUPREME COURT AND WHEN MY CASE WILL BE GET SLP IN SUPREME COURT. I WANT TO GET RELIEF FROM FAMILY COURT. PLEASE GIVE ME SUGGESTIONS WHAT TO DO..
Vijay Raj Mahajan (Expert) 26 September 2017
Usually the District Family Court give sufficient opportunity if the matter is pending in Higher court.
In your case also the execution proceedings in Family court will be postponed however pay some nominal amount of money on the next date to convience the Principal judge of your good intentions about paying your wife what legally you are supposed to pay.
P. Venu (Expert) 26 September 2017
Legally, the execution cannot be avoided unless there is a stay from the Higher courts because of the pending petitions.
Rajendra K Goyal (Expert) 26 September 2017
Execution may not be stayed in absence of stay. Discuss with your lawyer to get some time / adopt delay tactics.
M V Gupta (Expert) 26 September 2017
In the absence of stay order from the SC the family court may proceed to take action on the execution application. It is not clear why your Advocate in the SC did not file application for interim stay of the HC orders. Request him to immediately move an application for interim stay of the HC orders.
Kumar Doab (Expert) 26 September 2017
Discuss the perspective shared by Mr. M.V.Gupta with your own lawyer.
Dr J C Vashista (Expert) 30 September 2017
Well advised by experts.
However, why do you need second opinion when you have already engaged an able, competent and intelligent counsel in Supreme Court? Have faith in your lawyer, consult him/her for any query relating to the subject matter.
Guest (Expert) 30 September 2017
You should not expect any relief without getting a stay order against the judgment. Review petition or SLP does not serve the purpose of a stay. Proceedings on such cases can continue but final outcome would depend upon the merits of your case, as your own lawyer would be able to effectively put before the judge.



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