STAY on the EXECUTION of INTERIM MAINTENANCE ORDER


Hon'ble Members, Thank you for your support and guidance. It is because of you people a new lawyer like me have successfully filed Written Statement, Application for condonation of delay and Appeal (against interim maintenance order) (sessions) in Domestic Violence Case. It would have been very difficult without your help. i really appreciate your efforts.

I need more guidance from you on the issue of "filing stay" on the execution of interim maintenance order granted by Hon'ble Magistrate court. I have filed an Appeal in court of sessions against the impugned order of interim maintenance, hearing of which is scheduled on 15th June. Today, Magistrate court judge told me to file a STAY on the order of interim maintenance granted by him. I was shocked as i thought no separate stay would be necessary to file because the interim order is pending as an appeal. Kindly guide me in this regard. Let me know under which provision i can draft "stay" petition. I would be very thankfull.

Arundhati

 
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Partner/Advocate

When you have preferred an appeal before the appellate court, it is enough if you file a memo to that effect before the lower court and seek adjournment of the trail until the disposal of the appeal.

 
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Thank You Mr. Karl. Thank you very much for the kindness. :-) :-) :-) I will file my memo on next date. 

 
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Senior Associate Lawyer

Hi Arundatiu,

You please narrate some more facts of your case or background, so that it can facilitate to reply ur query.

Thanks

 
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I have applied for divorce on the grounds of cruelty and desertion in 2006. Later my wife has put on me domestic violence case after 2 years

Wife is working in multinational bank. getting Rs. 30000/- per month.

She has put a Domestic violence case and claimed for interim maintenance . The court has ordered for Rs. 4500/-  towards interim maintenance .

Is  a working educated wife applicable for maintenace .?

Can you please send me a draft for applying for Stay on Interim Maintenace in DV case

 
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