interim applicable?

Arka Foundation (Querist) 06 March 2011 This query is : Resolved
Hello Forum,

Wife got exparte orders for a divorce & maintenance suit filed by her against her husband.

The Judge ordered a maintenace of Rs 5000/-per month.

The husband did not receive any copy of exparte orders, but came to know about the expartee.

In between husband filed RCR in original jurisdiction before wife got the expartee orders of divorce & maintenance.

The husband RCR is stil on-going.

Que'n:
Still husband has to pay interim maintenance?

A.F>

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Devajyoti Barman (Expert) 06 March 2011
Yes, unless the order of maintenance is altered , modified or set aside, you are bound to obey the order.

Dayananda Gowda (Expert) 06 March 2011
i agree with expert Barman

adv. rajeev ( rajoo ) (Expert) 07 March 2011
yes husband has to obey the order of the court.

G. ARAVINTHAN (Expert) 07 March 2011
Husband is bound to pay maintenance, otherwise wife will recover by filing execution petition

Guest (Expert) 07 March 2011
No discretion against a court order. I agree with the opinion of Devajyoti Burman.

Uma parameswaran (Expert) 07 March 2011
If it is exparte order ,then you can file set aside petition.

Kirti Kar Tripathi (Expert) 07 March 2011
If it an Ex-parte order, You can go for setting aside the same or can file appeal. Till this order is not set aside or stayed, you are bound to pay maintenance under the order.

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