appeal for not paying maintenance

It appears that the opposite advocate must be serving you advance notice.  You did the correct thing.  Without copy of the appeal, you need not to accept the notice from the opposite party's counsel.  If they file the appeal and court accepts for notice, notice will be served by the court.

To solve your problem, ask your advocate to check up high court cause list regularly, because the appeal lies in High Court, if the maintenance order is issued by the Addl. District judge.

If it is the maintenance order under Section 125 cr.p.c. then you have to check up with sessions court as well as High court.

All these efforts to find out which court is for the reason on the first date itself you appear in the court and express your hardship and get atleast a part of maintenance for sustenance.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MAINTAINENCE AND APPEAL KINDLY NOTE THAT.

1.IN CASE OF ORDER FROM 125 CRPC MAINTAINENCE CASE ,YOU HAVE TO CHECK THE SAME COURT WHERE THE APPLICATION FOR MAINTAINENCE WAS DECIDED.YOUR HUSBAND MIGHT HAVE FILED APPLICATION FOR REDUCING OR REJECTING THE SAID MAINTAINENCE AT SAME JMFC.COURT.

2.YOU SHOULD ALSO CHECK DIST AND SESSIONS COURT IN YOUR AREA AND EVEN HIGH COURT IN YOUR AREA TO CHECK ANY REVISION OR APPEAL FILED BY YOUR HUSBAND AND HAD PRAYED FOR STAY OF JUDGEMENT OF MAINTAINENCE.

3.YOU CAN FILE APPLICATION FOR VACATING THE STAY AND ALSO CLAIM PAYMENT OF MAINTAINENCE ARREARS.

4.IN CASE YOU FIND IT DIFFICULT TO TRACT THE MATTER ,THEN YOU MAY JUST GIVE YOUR NAME AND NAME OF YOUR HUSBAND AND FROM COMPUTER DEPT OF DIST AND SESSIONS COURT WE CAN GET THE INFORMATION.

5THE SAID INFORMATION CAN BE TAKEN FROM THE INTERNET ALSO .

IN CASE YOU NEED ANY FURTHER HELP KINDLY WRITE AND SEND DETAILS OR CALL FOR FURTHER HELP

GOOD LUCK

THANKS.

you verify with the appeal number. If no stay order is given, then file execution petition against your husband. Get advice from your lawyer in this aspect

Mr. Arvinthan,

The problem in this matter is that she does not have appeal number and the descripttion of court where the appeal/revisions is filed.  Hence, I gave such a lengthy explanation.