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Anil Kumar (IT Professional)     17 September 2016

Legal option for not complying of interim maintenance order

Dear Respected Experts!

If a writ in the High Court is pending for a hearing (no stay has been granted), In that case, do the lower court obliged me to follow their impugned Order, that was challenged in High Court. 

What will be the legal option for me to stop lower court to obliged their Order forcibly.

Regards



 4 Replies

Sachin (N.A)     17 September 2016

First inform the court about the writ to the trial court by the way of affidavit, if court still pass any adverse order against you than ask the HC for stay of that adverse order.

adv. rajeev ( rajoo ) (practicing advocate)     17 September 2016

You have to press for the stay of the lower court order in the high court, except this there is no other way

anil   17 September 2016

one month jail for every default, since stay order is not passed by HC , so pay it asap and file revision in trial court or HC,

below might help you as per law ,

  1. If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any port of each month’s allowance allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation – If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.
  2. No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.
  3. On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Ashwin   09 April 2018

thank you sir


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