125 crpc
Suraj Kumar
(Querist) 19 August 2014
This query is : Resolved
Sir,
Can final maintenance granted to wife u/s 125 CRPC by the lower court, when high court stays full amount on interim maintenance order passed by lower court?
T. Kalaiselvan, Advocate 
(Expert) 19 August 2014
Once the matter was pending before the high curt, the trial court would have stalled the proceedings, however since the high court has stayed only the operation of interim maintenance, the trial court might proceed with the trial of the impending case before it and pass an order on it.
malipeddi jaggarao
(Expert) 20 August 2014
What are the grounds for Stay Order is to be seen to give you proper advice.
Devajyoti Barman
(Expert) 20 August 2014
Stay on interim maintenance is no bar on trial of the case or passing of judgement on final maintenance.
No illegality in it.
Rajendra K Goyal
(Expert) 20 August 2014
The order for final maintenance can be passed when payment of interim maintenance only was stayed by High court.
ajay sethi
(Expert) 20 August 2014
trail court can pass orders on final maintenance even if interim maintenance has been stayed by HC
Raj Kumar Makkad
(Expert) 20 August 2014
Post the real facts of your query otherwise this is an academic query which has duly been replied accordingly.
Shonee Kapoor
(Expert) 21 August 2014
Yes, it can. As there is no stay on the trial.
Regards,
Shonee Kapoor
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T. Kalaiselvan, Advocate
(Expert) 25 August 2014
If the main petition has not been stayed by high court, the same can be decided by the trial court on merits.
Suraj Kumar
(Querist) 07 September 2014
Sir,
Maintenance is decided on which one?
1. Net salary
2. Gross salary
Raj Kumar Makkad
(Expert) 07 September 2014
Gross Salary minus statutory deductions.
Suraj Kumar
(Querist) 07 September 2014
Sir,
1. What are the deductions falling under statutory deductions?
2. Is loan payment to bank directly from salary is considered under statutory deduction?
V R SHROFF
(Expert) 08 September 2014
You said sec 24 applied by your wife : in ur RCR.
Is your Query IMAGINARY??
BECAUSE USUALLY HIGH COURT DO NOT STAY INT MTN.. 125 IS TO PREVENT STARVATION !!!which High Court Ordered so??????????????
Raj Kumar Makkad
(Expert) 08 September 2014
Section 24 HMA application is duly maintainable in RCR proceedings.
Devajyoti Barman
(Expert) 08 September 2014
yes, section 24 of HMA is maintainable.
Raj Kumar Makkad
(Expert) 08 September 2014
The petition cannot be regarded as imaginary on the ground of moving the application under section 24 of HMA in RCR petition.
Suraj Kumar
(Querist) 17 September 2014
Sir,
1. Can bank statement be produced as income proof in spite of pay slip ?
2. Can I demand to my child be stay with me at least 15 days in every month or else stop pay maintenance to child ?
3. Can I demand not to pay child maintenance and in altermate child to be admitted in residential school at my cost.
Raj Kumar Makkad
(Expert) 17 September 2014
1. Yes.
2. You can demand but cannot stop maintenance on that ground.
3. The amount can definitely be got reduced on that account.
Suraj Kumar
(Querist) 28 September 2014
Sir,
a) Honorable High Court stays full amount of interim maintenance of wife for one month.
b) Honorable High Court again extended stay order for another three months.
1. How many times Honorable High Court can grant this type of extension?
2. Whether is there any effect of stay in lower court trial for final maintenance?
