Maintenance during appeal

This query is : Resolved 

Querist : Anonymous (Querist)
12 February 2018

My cousin got a maintenance order under CrPC 125 with some arrears of 13 months ( from application date) to be settled in 3 months from order.

Now, if his wife challenges the order in High Court is he required to pay arrears or he can wait till HC Judgement ?

Since his wife challenges order that means she is not accepting the order of lower court. So what is the logic that other party has to follow that order ?

Vijay Raj Mahajan (Expert)
13 February 2018

Payment of the due amount ordered by the Family Court has nothing to do with the appeal against the order by the petitioner on the ground not sufficient for her maintenance. The Respondent/Judgment debtor has to pay the amount as per order to the Petitioner within the assigned period as per the order of the court irrespective what the Petitioner next move shall be with regard to order of the Family Court.

Dr J C Vashista (Expert)
14 February 2018

If you are interested to seek an obligation from experts you will have to disclose your identity as per rules of this platform, no reply for an "anonymous" author.
Otherwise contact and consult a local lawyer.

Dhingra: (Expert)
Click to Talk
14 February 2018

Appeal does not work as a stay order. He has to pay.

Guest (Expert)
14 February 2018

Purely a hypothetical academic query.
However, if some truth is there in your story and if you wanted to know the logic, what made you not to ask for the logic from the lawyer of your own cousin?

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