Dv act

Lalit....... (Querist) 28 September 2011 This query is : Resolved
Hi,

If the Magistrate grant maintenance and residence order under DV Act and then the recourse is to file appeal in session court.

Mt query is that during the pendency of matter/case before session court, do the husband needs to pay maintenance to wife and to obey the residence order or it will be defer till the conclusion of matter in session court.

Thanks in Advance.

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ajay sethi (Expert) 28 September 2011
you ahve to pay maintenance /obey the order relating to residence pending appeal unless stay has been granted

Sankaranarayanan (Expert) 28 September 2011
yes mr ajay's clearly explained. more over you see the judgement Rohtash Seingh v. Smt. Ramendri and Others, 2000

Lalit....... (Querist) 28 September 2011
Thanks for reply

What are the chances to get stay...

It is to be from High court....

Shonee Kapoor (Expert) 28 September 2011
No Stay can be granted by Session Court itself.

Mostly grant of stay depends on prima-facie order, but some judges are lenient to grant stay, some however refuse absolutely.

Regards,

Shonee Kapoor

prabhakar singh (Expert) 29 September 2011
Any way if you have 'stay'you need not,if 'no
stay'you need to pay without doubt.

Guest (Expert) 01 October 2011
Agree with Expert Shonee.

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