Fraud_victim (Manager) 05 November 2017

Stay on disputed order on 125

Need suggestions from experts:

Girl filed maintainance u/s 125, despite already getting interim maintainance in DV case. Lower court awarded maintainence and both the parties filed revision appeal in session courts. More than 1 year passed, case has not come up for argument, now girl has filed a case for execution of lower court order, despite the case being in session court (& revision appeal filed by BOTH parties).

My question:

how to counter this execution order, besides appealing for a stay in session court.

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3 Replies

Vijay Raj Mahajan (Advocate) 05 November 2017

Pay the amount in execution proceedings otherwise seek temporary stay from the Family Court presiding officer if that is agreed you can delay the payment.

Fraud_victim (Manager) 05 November 2017

Thank you sir, is there a format/ template, that you can share with me for filing stay plea.

I can not pay for the execution as the maintainence granted by trial court is without considering my facts & so I have (& also the other party) filed a revision appeal in session court.

Dr J C Vashista (Advocate) 05 November 2017

Even after stay of execution petition the amount accrued in consequence of interim maintnenance awarded in DV Case shall keep on accumulating till it is paid/modified/annulled by higher Court.