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Raja (Software Engineer)     17 August 2012

Interim maintenance appeal

If an interim maintenance appeal by wife is dismissed and if she appeals in the High court and Supreme court can she get a stay order on the divorce case until interim maintenance petition is disposed?



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 5 Replies

rahul (director)     17 August 2012

yes,

 most of the time this happend,

some time HC dont give formal STAY.. even then, if you wife is playing smart.. by delaying with false reason..

or some time HC grant interim order in interim maintenence,,, then you have to pay and if you dont pay and willing to wait HC final order.. in that case you divorce will stand still..

 

this is india

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 August 2012

She would ask for a stay in all probability, and normally it is granted also, but every case in the end turns on its own facts

Raja (Software Engineer)     17 August 2012

Ok, thanks.  She already asked for child support in USA family court and case is still pending. In spite of that she filed for interim maintenance in India also. She is also working and earning more salary than me. We are going to use these two reasons for dismissing her interim maintenance petition.  She is asking for same relief in two different courts. Do you think still she will be able to get a staty inspite of  a case already pending in USA court?

rajiv_lodha (zz)     17 August 2012

This is a common dely tact, moving HC for sec 24 appeal, get a stay on proceedings n linger on the cases. Divorce being a civil matrimonial case, no judge bothers to accelrate the process!

Sometimes boy/girl moves Transfer Application at SC/HC too with same motive, n get success in delaying tee matter.

Raja (Software Engineer)     18 August 2012

My wife already asked for child support in US family court before applying for interim maintenance. Based on this, her interim maintenance petition can be dismissed as she already asked for the same relief in different court, correct?   The fact that she has a child support case already pending in USA family court , can it be used to stop her in getting the stay from High Court and Supreme Court?


Please let me know.


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