Fate of High Court Petitions when Lower Court Judgement given

Querist : Anonymous (Querist) 19 July 2011 This query is : Resolved
I have been contesting nullity petition filed by my wife on my alleged impotency for past 4 years in lower court. I have also filed counter claim for divorce due to cruelty. During this period she has challenged 2 interim orders of the lower court in the High Court:
1) Rejection of my medical test
2) Rejection of enhancement of interim alimony

Both of these are still pending disposal in the High Court. However she has not taken any stay in the lower court and stopped attending lower court. In the meantime, lower court judge has proceeded ex-party and granted divorce in my favour and rejected permanent alimony.

1) Will my interim maintenance automatically stop or do I need to file petition to stop it?
2) What will be the fate of the pending petitions in the High Court when the lower court judgement is already out? Will the judgement be cancelled?

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Y V Vishweshwar Rao (Expert) 19 July 2011
1-If the Salary is attached and monthly recoveries are being made - then file a petition for orders to inform Your employer to stop deduction of amounts as per previous interim orders -as the Maintenance claim is rejected.

2- Lower Court Judgment can not be cancelled with out filing appeal by other side - or -with out filing a petition to set aside the exparte decree - it will be in force till it is set aside by the lower court on Petition by other side - or - by Appellate court on Appeal filed by the aggrieved party .

N. AKSHAY BERI (Expert) 19 July 2011
1. ONCE THE FINL ORDER HAS BEEN PASSED BY THE COURT THE INTERIM ORDER CEASES TO EXIST AND THERE IS NO NEED TO FILE ANY SEPERATE PETITION TO STOP IT.
2. AS BEFORE THE HIGH COURT INTERIM ORDERS OF LOWER COURT WERE CHALLENGED AND ONCE THE FINAL VERDICT HAS BEEN GIVEN DISPOSSING OFF ALL ORDERS THE HIGH COURT BE MADE AWARE ABOUT THE FACTS AND THE PETITION FILED ARE ALSO TO BE DISMISSED. NO THE JUDGMENT WILL PREVAIL UPON AND WILL NOT BE CANCELLED UNLEDD IT IS CHALLENGED WITHIN STATUTORY PERIOD AND THE SAME IS SET ASIDE.

prabhakar singh (Expert) 20 July 2011
LET TIME RUN at least say 6 months from judgement passed exparte then Appear in high court cases and let them know by your application that case has been finally decided so that those cases have become infructuous.

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