Urgent stay on dv maintenance recovery
Arjun Mohite
(Querist) 27 October 2014
This query is : Resolved
Dear Sirs,
Wife filed DV in Dec 2009. Court ordered maintenance in 2012 from the date of application.I filed appeal in Session in 2012. I paid Rs.50000 in last 3 months out of the arrears of Rs.150000 as I am unemployed. There is tremendous pressure from lower court to pay the arrears as the 498A case also running in the same court.
I had asked earlier advocate to take stay, but he did not. Now I have filed for stay. My current advocate is saying court will not grant stay as appeal is for hearing and it will take lot of time for taking stay.
I am confused and not understanding what to do.
Kindly advise:
1. whether i can get stay on recovery
2. how much time it will require
Kindly suggest remedy to come out of this situation as I am not having money to pay such big amount.
ajay sethi
(Expert) 27 October 2014
it depends upon pendency of court cases in sessions court . is your wife working? even if you are un employed you are bound to maintain your wife . court will can upon you to despot arrears before hearing you on merits
Arjun Mohite
(Querist) 27 October 2014
Is it required to listen to other side before stay is granted
ROHIT SHARMA
(Expert) 27 October 2014
1. Your appeal for stay of the maintenance amount before the sessions court will be accepted if you pay at least 50 % of the outstanding dues.
Devajyoti Barman
(Expert) 27 October 2014
While admission of appeal the petition for stay is heard.
The stay in DV cases is passed only on condition of making payment of maintenance at such rate as the higher court in its interim order so fixes.
