A family court has given order in a Miscellaneous petition directing husband to pay amount to wife as educational expenses of the child in September ,2022.As the amount is in lakhs and very high, the husband approached the high court and got suspension order . Suspension till further orders in October, 2022.
In 2024 June the family court has issued non bailable warrants against the husband for non payment of ordered amount.
The husband side argued that the suspension is still pending as per Supreme court judgement in Allhabad high court advocates association vs state of UP 2024.
While wife side argued that as per Asian resurfacing Road agency vs CBI, the stay vacated automatically after 6 months.
Husband side said that Asian resurfacing Road agency vs CBI judgement is valid only for stay in civil and criminal trials. The suspension is over order and not on trial.
The family court while recalling the NBWs has ordered to pay the amount.
Which argument is correct?
Husband side also argued by the time family court arguments the supreme court over ruled automatic vacation of stay in 2024.
