On interim order ainterim stay by high court enable lower court to issue final order
ramesh chandra
(Querist) 27 January 2013
This query is : Resolved
In a Maintenance case family court ordered an interim maintenance to wife. On review the High court reduced the maintenance from 3500 to 2000 PM as interim stay and the matter is pending in High Court. Meanwhile family court concluded it all proceedings as witness of applicant and NonAPPLICANT. However now Family court Judge is hesistent to finally decide the matter verbelly asking Non applicant to withdraw his application on interim maintenance so he can listen final arguments.
Our Non applicant plea is that there is no hinderence of law to hear final argument and issue final Judgement.
So is there any ruling that during the pendency of appeal against interim order final order can be issued by family court.
RC Mishra
ajay sethi
(Expert) 27 January 2013
high court has reduced interim maintenace amount to RS 2000 per month from Rs 3500 per month . high court would have disposed of appeal on passing of said order .
since matter is still pending in high court family court would not pass any final order
R.K Nanda
(Expert) 27 January 2013
no, Fc cannot pass final order.
Devajyoti Barman
(Expert) 27 January 2013
The judge is contemplating about the eventuality when if the order of the high court for interim order becomes more than the final judgement of the maintenance.
Do withdraw the revision now pending before the high court.
