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ghansham   10 August 2016

Interim exparte order in 125 crpc

dear friends. in my last thread i had asked for interim maintainence scenario....my order is about to be pronounced, so request you to please guide further on this.

after interim order in 125 (whatever the amount is given exparte)

1) in interim maintainence case, is the evidence of income, cross examination taken into consideration, or only the petition and reply of parties taken into consideration? i mean to ask only about the interim maintainence stage? prima facie only the petition and reply is considered or everything is considered in interim orders?

1) can i appeal in high court againt this interim order in 125 crpc?

2) under what section can i appeal in high court? 

3) after i appeal in the high court, will the high court grant a stay against execution proceedings which might be applied for by the opposite party?

4) between the period of admitting the appeal in HC and lower court ordering me to pay, will the HC give a stay on the interim maintainence ordered under my appeal is disposed off?

5) after the interim exparte order, will the lower court allow me to participate in the final proceediings of 125? i mean to ask, will the case proceed biparte for the final proceedings after interim exparte orders?

Thanks all 



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 2 Replies

whatnot   10 August 2016

IMHO, most of these question have been answered by Mr. Laxmi Narayan in previous thread of yours

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140567&offset=1

Refer to them.

There seems to be reclutance from your side to pay any amount to the other party. It is almost seems to be grudge. In that case remember revenge is best served cold.

There was discussion a while back on 2 scenarios where maintainance is still used to score few brownie points.

First point to consider is even if you go higher court, if decision is not overturned you will laible to pay from the date of order from lower court. to circumvent this there seems to be delay-in-payment approach by disgruntled party. By defnition, she has approach court for recovery of past due in maintainance. And when court summons, the person submit part payment through DD to court and drags it. Also if any changes occurs in salary same is bought to court notice. People take sabbatical to reduce maintainance.

There are many devious ways one takes to seek personal vendatta.

But is it really worth?

 

ghansham   11 August 2016

@what not......no brother, i am not trying to avoid maintainence.its just tht i missed opportunity to prove my points, but i need to prove those to get justice


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