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Maintenance cannot be suspended in the trial court to avoid payment while an appeal case is ongoing?

Page no : 2

T. Kalaiselvan, Advocate (Advocate)     19 April 2024

There's no point in providing such a huge descripttion about the background because the cases are pending before court hence whatever opinions or advises rendered here cannot be complied by you without your lawyer 's cooperation,  therefore you may better follow it through your lawyer. 

P. Venu (Advocate)     20 April 2024

You are yet to disclose the material facts. It appears that you are too obsessed with the discord between your parents, that too, even after the demise of your father.

You are once again requested to post simple facts avoiding your subjective opinions  so that meaningful suggestions could be made.

Kumar Mysore (no)     20 April 2024

Sir, after our father passed away too everything same like before that is our mother(petitioner) is living in her daughter house and getting rent from the house which is in the name of my father. even My parents are divorced. We three brothers living in rent house separately and myself married recently and still my second brother (41 year old) is not married. our mother filed maintainance case under 125 crpc against us after our father passed away. in this case court ordered to give 2000₹ from each on 2021 and we have challenged this in district Court on 2021. in Jan 2024 we have changed our lawyer in district Court. then immediately in taluk(JMFC) court our mother filed a new case under 125(3) even our revision petition is still in progress. we have requested our new district lawyer to get stay on this new case. but our lawyer saying that I can't get it now because case is already in argument stage and your old lawyer supposed to do this. so I am requesting here some advise to get stay on this new Case in district Court which is filed under 125(3) in taluk JMFC court when revision petition is still in progress.

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

The petition filed by or mother udner section 125 (3) is for collection of arrears. 

There is no legal infirmity in filing this case especially when there is no order restricting the trial court to stall the proceedings.

You should have filed a petitoon seeking to stay all the proceedings in the trial court pending disposal of the revision/appeal before the district court.

You say that you filed the appeal in the year 2021 but she filed the collection petiton in the year 2024 only. 

Then who is to be blamed for not filing an applicaiton for stay of all the prioceedings in the trial court.

Why did this thought did not come to your mind when you filed the appeal before the district court in the year 2021?

You keep saying that your mopther is occupying your father's property despite the fact she is a divorceen and her marriage with your fatgher was dissolved by a decree of divorce.

In fact she has no rights in that property because she is no more a legal heir to your deceased father after divorce.

You as one of the legal heirs of your father has a right to inherrit a share in the property left behind by him, hence you file a suit for partition and seek to eject her from the property. 

Even now you can inform the trial court that there is an appeal pending before the district court hence to stall the proceedings in the new case till the disposal of the appeal.

In the name of changing the lawyer you have jumped into the fire from the owen.

Now it depends on your own intelligence to handle this matter more properly on the basis of the bitter experiences you had gained so far



Kumar Mysore (no)     20 April 2024

thank you so much sir for your suggestions. we thought our old lawyer stayed on all proceedings. but after we changed lawyer in district Court this case is filed on Jan 2024. we really don't know how our old lawyer removed stay and why new lawyer not getting stay in district Court. yes sir we have requested our lawyer to take time in the new case filed under 125(3) until revision petition disposed.

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

Your thinking and maintaining a casual attitude will cost you the case.

You should have followed up with your advocate regularly, therefore your lethargic approach to case benefited your mother to file the collection petition.

You may not be entertained with a stay petition at this stage, however try costs nothing so you can try.

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