Inspite of stay App wife allowed to withdraw maint!!

neel (Querist) 13 January 2011 This query is : Resolved
Interim Maint case sec 24 of HMA (I am a husband respondent in divorce case)

Wife awarded interim maint.

During the subsequent hearing date, Judge asked to pay arrears after opponent's lawyer pressed forcefully for it.

I paid the arrears by borrowing money.

Yesterday (27th day as per limtation) I filed application for two Application:

Application 1:
'Nullity of Order to call it null and void(recall of interim order for 'fraud on court') with cogent proofs of wife's bank account etc and all the details of her lies captured in 'Order' vide Sec 151 /Contempt of Court etc.
(There are citations available of HC but not of Bomabay HC)

And an interrogatory also to admit the bank statement proofs.

Applicatin 2:
Application for stay of execution of 'order of interim Maint' vide O21 R 26 and 29 and O41 R 5

Hon Judge gave next hearing date for on 'say on exhibit' to Feb-2011.

On the same hearing day in the afternoon, Hon Judge allowed wife's withdrawls of maintenance to withdraw 10000 from the deposited amount at court!!! she withdrew that money and she is going to withdraw every day all money by Feb-2011.

What's the use of Stay of Execution application then??? Plese help me I am not able to under stand what's happening out here!!

Today I had gone to file 'Review Application' at the same Court ( that time I got to know about withdrawl!!! )with cogent reasons of review (error on face of record, new startling evidence which also amount to fraud on court to availl relief)

I was stunned to see that she withdrawing the money in spite of the application.

Please advise me urgently. Thanks!! I still have 1 day (i.e. tomorrow) left for limitation period of 30 days of 'Review'

How will this Amount be adjusted in future at least?

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Devajyoti Barman (Expert) 13 January 2011
What is the status of your stay appliaction and the recalling of the order ? If no order is passed by the court with regard to those applications then the there is no illegality if the wife withdraws the money.

neel (Querist) 14 January 2011
Hon'ble Judge (new officer) has probably formed some impression about me (opposite party's lawyer does only corruption and very famous and infamous only for that!!)

Hon'ble Judge simply asked to give 'say' to other party in Feb-2011..That's it.....

I wasn't allowed to say anything over that...I wanted to say that it be heard immediately, otherwise stay order after delay would become infructuous.

But if a person/applicant is not even allowed to say about its urgency!!!! Then Where is the alternative remedy left!!!!

If everything requires the 'say' of other party how one gets the stay/injunction to prevent something!!!!

Does O41 R 5 and O21 R 26 and 29 mandate/necessitate the 'say' of opposite party?