Is it possible to obtain a stay order from a higher court over a maintenance execution order passed by a lower court?
Real Soul.... (LEGAL) 20 March 2023
It is very difficult to get stay of execution for maintenance, unless you have very strong ground otherwise you will get fined and charged with heavy costs
N.K.Assumi (Advocate) 21 March 2023
Power is there for the higher court, but the location of power is different from applying the Law, and it all depends on the grounds on which you wish to stay the court's order.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 March 2023
Higher Courts should not stay an order of maintenance unless there are very special reasons, the Supreme Court has observed.
"A husband/father is duty bound to maintain his wife and child. Unless there are very special reasons, the higher Court should not normally stay such an order"
Debasis Pal 21 March 2023
The ground is;
My wife deserted along with my children in 2008. As per a revised maintenance order passed by a district court in 2015, maintenance of my son was allowed till his majority. My son became 18 years old on September'21. He is studying at the graduate level and he is under the custody of my wife.
Till September'21 I have been paying the maintenance, regularly. After that, I stopped the maintenance of my Son as he became an adult. My wife filed maintenance and an execution petition simultaneously in March'2021. During the proceeding of the execution suit, I filed a petition for stopping the maintenance of my son as per the original court order. Court has directed the petitioner to submit the educational details of our children and the assets/liabilities of both parties.
For the last two years the petitioner, wife is delaying the hearing of both cases by hook & crook. On each court date, the petitioner appears with a new petition e.g on the last to the last date petitioner filed a petition regarding the non-serving of the copy of the petition regarding the stoppage of the son's maintenance. But on the last court day, instead of receiving the said copy, he filed a new petition describing the shortfall of maintenance payments and praying for an execution order on this ground.
The court is liberal about giving dates, without conducting the hearing. During this long period, multiple juges got transferred and each new judge starts the matter afresh. I am exhausted from pursuing the court formalities and advocate fees and want immediate disposal of the suit.
To reach a quick disposal, I plan to pay regular maintenance as per the last court order i.e the amount without my son's part. But I will stop appearing the court. I apprehend that an execution order might be passed against me. Once, the execution order is passed, I shall approach the higher court so that the matter could be settled fast.
It is also to say that I am a govt. servant and any police would adversely affect my career. But at the same time, I need freedom from court obligations.
Adv. Mohit Chahal (Advocate) 26 March 2023