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Munirathnam (Scientist)     17 May 2010

High Court stay on interim maintenance can main case run?

Hi All,


While High Court granted stay on interim maintenance order, can main case go on run in family court?


 6 Replies

Legal Fighter (Advocate)     17 May 2010

yes, technically the main case can go on in family court but practically the family court will not pass any further order on maintenance till it gets decided by high court.

1 Like

Arup (UNEMPLOYED)     17 May 2010

maintenance is a seperate case, other than the divorce case. now question is on which case hc granted stay? put the order if not long. after reading the order it can confirmed.

"High Court granted stay on interim maintenance order"- most probably hc stayed the maintenance case not the main case.

1 Like

Kiran Kumar (Lawyer)     17 May 2010

can u pls mention the order of HC here, if only the orders for interim maintenance have been stayed then certainly the main case can continue.

Sunil Patil (Engg)     31 December 2010

Originally posted by :Munirathnam


Please do let me know if there is a link of the judgement avaiable on this website of the high court passing a stay on the interim maintenance. I have a similar issue which is coming up in Jan and any help you can provide will help me to save myself against the extrortion from my wife (case filed by wife for inetrim maintenance in Bandra Family court.

Please do provide a feedback...






Adv. Sanjay Kadam (Proffessional)     06 January 2011

Mr. Manirathnam and Mr.Sachin, you have stated that your wife has filed case for inetrim maintenance. What is the main case is it for Divorce or Simply for maintenanace or for restitution of conjugal rights? In such cases interim maintenance can be claimed; and if granted may be stayed by High Court, still aforesaid cases for Divorce or Simply for maintenanace or for restitution of conjugal rights continued.

Sunil Patil (Engg)     07 January 2011

Hi, In my case the main case is for Maintenance filed by her in Aug 2009 along with interim maintenance application. I've provided proofes of her working & earnings. Also I did make 35+ attempts to bring her back (have attached copies of SMS, Phone records, emails, air ticket copies, 4 letters written to her) after which she went and filed a case for interim maintenance under HMA 1956.

It will be 2 years since she deserted me next week Jan 19th 2009...can I file for a divorce case now..her blatant request in all letters was that she wants me to stay away from my parents and she will file a police complaint for the household chores she did of washing 2 shirts a week for me and she had to wash our bedsheets by hand...did not give purse of Rs 3000..etc etc..


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