Urgent help needed!!!
Question by a person who wants to stay the execution of interim maint order.
Person has filed stay of execution, and review petition, at the same family court.
Now question is does the Family Court have powers to stay execution of an interim order?
Can the family court do it under sec 151 atleast if not under O 21 Rule 29?
Please answer urgently.
Family Court has just asked me following question :-
Court said that ..
"family court has no powers to grant stay of execution of a interim maint order and you have to go to HC to get it. Else bring the citation supporting your contention."
Is it that only High Court has powers to grant "stay of execution" of "interim maint order vide sec 24 of HMA" and Same, is it that Family Court does not have such powers?
But if we read sec 36 of CPC, O 21 R 29 of CPC
Then it suggests that
Either court which passed the decree can stay.
Sec 36 of CPC: Provisions for execution of decrees are applicable to Orders also.
Above provisions do not have explicit words as 'interim orders' ..
Please advise urgently.