Uma Maheswara (consultant) 31 August 2014

Divorce and maintenance

Dear Experts,

My wife filed 498a and Divorce and Maintainence cases in Sept 2010. My wife had sent documents to my company and got me removed from job. In the Maintainence recently in June 2014 the family court judge passed orders to pay maintenance to my wife monthly 5,000/- from date of order , I filed an appeal in Highcourt for stay and qash(yet to get stay orders). now only divorce case is pending.

Till date no cross examination happened for me but cross examination from my wife side is over, now the wife side lawyer filed a petition requesting the court to stop taking evidence of me as I am not paying interim maintenance to my wife. I would like to know the following:

1. Is there any provision to stop taking the respondent evidence if i am not paying the interim maintenance? i am unemployed last 2years and i filed the relieving letter, my wife is employed.

2. I filed a petition to the court that i filed the appeal in the high court in the maintenance orders but the judge said he will decide in the next hearing. what should i do?

3. Is there any possibility to speed up the trail as it is almost 5years, where to file the petition in district court or highcourt? under which section?

Please clarify.

Thanks in advance

- Mahesh

Reply Follow

4 Replies

great india (manager) 01 September 2014

You are right..... Strikr off can't happen so easily since you have astay pending. You can file application stating you will follow courts orders once high court orders are given. Meanwhike lower court cannot stay its proceedings pending appeal for interim in higher court. There are judgements for the same.

Adv k . mahesh (advocate) 01 September 2014

if you have her latest payslips and any other from her side file them in the high court to get stay and also you can file for your maintenance has she is working and you are unemployed

Uma Maheswara (consultant) 01 September 2014

Originally posted by : great india
	You are right..... Strikr off can't happen so easily since you have astay pending. You can file application stating you will follow courts orders once high court orders are given. Meanwhike lower court cannot stay its proceedings pending appeal for interim in higher court. There are judgements for the same.

Sir,

Thank you for the reply. If any possibility can you please provide me the judgement links, i am trying the find them.

-Mahesh

T. Kalaiselvan, Advocate (Advocate) 05 September 2014

She can very well apply for striking defence. With the proof of her salary, you can very well agitate before the high court against the lower court's order.