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gdk (student)     17 November 2012

Mp pending

Sir/Madam,

In my DVC Case, I got favourable order of maintenance, my husband went to appeal and revision, there also, his appeal and revision were dismissed. So, I filed for execution of maintenance 2 times but Judge instead of ordering my husband to pay maintenance and MP being pending dismissed my case.

Judge didn't gave order on my MP for execution of maintenance and just mentioned in final order that interim maintenance is vacated. Is it valid. From last 4 years Iam have tried for this case, 2 years back got order, instead of paying maintenance, my husband went to appeal and then revision, but not paid maintenance. Interim maintanance even after High Court order, how can judge vacate. He can vacate final maintanance i.e., maintenance from the date of final order.

From last 6 months Judge not even once told respondent to pay maintenance and told me to execute final order and in final order vacated interim maintenance also. On every adjournment I requested for maintenance but Judge told me you execute final maintenance and in final order vacated my interim maintenance also. What to do?

Is it possible when MP is pending, no counter filed against it and final order passed?



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 November 2012

If there is an order of interium maintenance order is  vacated  then it is not in force.  What is the final order about the mainteance?

ANAMIKA VICHARE (LAWYER)     25 November 2012

Your MP was pending an ind in that you sought interim maintenance order... But you have to file Execution proceedings called R.D./S.D. Regular Darkhast/Special Darkhast...  which it seems you have not filed for which Judge was telling you..I think the MP was filed byy our husband and for want of clearance of arrears, the judge dismissed his MP and naturally the interim order gets vacatged.    Now, you file separate maintenance appcliation and also file Executiion appln i.e. RD/SD i.e. maintenance arrears from the date of your application til the dismissal of the Petition..


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