Maintenance u/s. 24 and continuation of proceeding of divorce u/s 13 ia, ib

Sadhana Patil (Querist) 07 February 2014 This query is : Resolved
heloo everyone

my question is
a husband filed a divorce petition (u/s 13 ia, ib) at lower court, civil judge, senior division. after filing divorce petition wife submitted an application for interim relief u/s 24 i.e. for maintenance. order passed infavour of wife against husband. husband is ready to pay, but the order passed is much more than his monthly income. husband is working as helper and unable to submit salary statement. husband filed civil misc. appeal in appellate court, and obtained stay till next date of hearing. though he deposited Rs.10,000 against the maintenance as per order issued by the appellate court. but in lower court the opponent advocate filed ws and mentioned that the divorce proceeding cannot be continued till the full payment received by husband.
The question is from husband- that, is there any section or rule stating that it is compulsory to pay the full maintenance before the proceedings for divorce petition or the proceeding relating to divorce petition will be stayed.

if no then please advice.

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Nadeem Qureshi (Expert) 07 February 2014
Dear Querist
if there is stay from the appellate court then till the final disposal of appeal the divorce proceeding will not be continue and remain stayed. but if only maintenance proceedings are stay then the divorce proceeding can not be stay on the ground that husband is not make full payment.
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Rajendra K Goyal (Expert) 07 February 2014
Stay is on the maintenance proceedings and the divorce proceedings should not be effected.

T. Kalaiselvan, Advocate (Expert) 08 February 2014
Even in the absence of a provision in the Hindu Marriage Act for striking off the defence in case of one of the parties willfully refuses to comply with the order of the court, there is inherent power in the court to pass such orders as are necessary for the ends of justice or to prevent abuse of the process of the court. In your case,the appellate court has stayed the maintenance proceedings only, hence the main proceedings may be taken continuously.

Dr J C Vashista (Expert) 08 February 2014
I agree with Mr. T Kalaiselvan as the the appellate court has stayed the maintenance proceedings only, main divorce proceedings shall continue.