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Ravi (a)     10 February 2015

Sec24hma order and execution

dear experts -

1. Family court decided huge 24HMA maintenance order.

2. i went to high court but stay order not yet given.

3. in every hearing, i used to pay rs. 10000 but the judge used to harass me to pay the amount or get the high court stay order

4. in the last hearing, my wife's advocate filed an execution petition under 128 section

5. in today's hearing, the family court didnot allow me and my lawyer to cross my wife until i pay the money full as of date or get stay order

6. my lawer says we have to file a counter to S.128 for salary attachment but the family court judge says there is no need to counter reply.

my queries:

1. what happens if S.128 is passed by the judge? what is the risk there?

2. if i pay full order as of date and when the high court gives me stay order and modifies the order in the judgement, what happens to the excess money i pay it to my wife. will i get back from her? are there any sections to claim the money back from her after adjustments from high court decsions

3. after 4 days, i have another hearing - my lawer says get a DD of 20000 and no need to pay full maintenance and cross will be conducted on my wife. the judge says pay full otherwise he will stop the proceedings and order S.128. Please clarify the point.



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