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Sufferer   30 May 2019

125, dv maintainence

Hi, How and when should I approach high court to put stay order on the interim maintainence ordered in 125 or dv act? Also for how long the high court will put the stay order on the maintainence order? Thanks


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 3 Replies

N. Sivaprakash, Chennai 984099 (Advocate)     30 May 2019

You have to file the Criminal Revision to the High Court, immeditely. Orelse the opposite party will get further orders in her or his favour based upon the Interim Order passed. If there is no stay it will lead to further complications. Normally High Court will impose some condition for passing the Order of Interim Stay. If it's complied with it will be continued as long as the otherside appears and brings up the matter listed. It also depends upon the Judge to extend the stay order passed.

Sufferer   31 May 2019

Thanks. The family court judge read and head our arguments. He seems to be a reasonable guy and didn't allow much interim maintainence. I'm not thinking to approach high court. But the opposite party raised objection in dv case. I'm pretty sure they will approach high court. I wanted to understand, if the amount passed in family court is X, dv case is Y and if they approach high court and somehow they passed Z- what will be the amount payable by me? Thanks again

Sufferer   31 May 2019

Well this isn't hypothetical question. This is happening in my life and in many others life

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