Maintenance

Shiraaz (Querist) 12 September 2013 This query is : Resolved
In my case an interim maintenance order was passed by JMFC court for Rs3000/- per month in november 2012. The same was challenged by me in the district court and the said order was quashed in the appeal as i proved that she is earning sufficient income to maintain herself. Now she has gone for appeal for the Quashed order in the high court and got stay for the Quashed Order..

Newly she has filed Enforcement petition for Rs3000/- in support of high courts stay order.

Please Guide me what to do next...
What is the Procedure to Vacate Stay and how long does it takes?

Can i file a writ petition to vacate stay in the same high court?

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Devajyoti Barman (Expert) 12 September 2013
Since stay is there, the order of magistrate comes into play.
You can apply for early hearing of quashing case pending in high court. Stay is not likely to be vacated. Make a final hearing of this case.

Guest (Expert) 12 September 2013
I endorse the views of Shri Barman.

Rajendra K Goyal (Expert) 12 September 2013
agree with the expert, nothing more to add.

R.K Nanda (Expert) 12 September 2013
ask ur lawyer to argue strongly on stay application in hc and get the stay vacated as the stay application of ur wife is not maintainable as she is earning.

Shiraaz (Querist) 12 September 2013
Dear Sirs,
The hc has granted only stay didnt set aside the order.. How is it possible that the order of magistrate comes into play.
can you please give me some citations.

Shiraaz (Querist) 12 September 2013
Honble Justice ANAND BYRAREDDY
20/08/2013
Order in CRL.P 11066/2013

The order passed in Criminal Revision No.177/2013 is stayed.
Issue notice regarding admission.

Dear Sir,
what is the meaning of above said order... please help

Dr. Jyothi Vishwanath (Expert) 12 September 2013
case is admitted in high court. Order of district court {quashing order} is stayed.
Till final decision, you have to pay maintenance.

Shiraaz (Querist) 12 September 2013
can crpc 125(3) proceedings be stayed?
What is the procedure?
please help...

Nadeem Qureshi (Expert) 13 September 2013
File an application before magistrate that the matter is pending before HC so stay the execution proceeding till the final judgement of the Case because the magistrate court order can not be enforced till the final disposal of HC case because the order passed by magistrate has been set aside in appeal/revision as the case may be. so you should filed the application before magistrate court.
for case law or further assistance you can call or mail to me.
Feel Free to Call

R.K Nanda (Expert) 13 September 2013
nothing to add more.

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