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neel (self)     23 June 2011

stay/Interim injunction on execution of interim order?

I made an application at family court for stay/Interim injunction of  execution of "interim maintenance order" under HMA.



My application is not being disposed since last many many months or so!



And hence it is getting infructuous day by day!! I am under financial burden !!



Other party is given due reply and now using one or the other pretext to postpone proceedings

The court himself is seems to be postponing all the further proceedings.



On one hearing court asked parties to again give main points as bulletted points in writing in the garb of  written arguments !!  two hearing lost in that !! .



Then court verbally said that now oral arguments won't be allowed !! which was contested and again two hearings gone wasted!!!


and now given another LONG date in 1st week of August-11!.  just for 'passing' order on it without hearing the arguments !!


( Court is going to read application + say  + total 2 written args + photocopies of citations !! )



What's happenning here!! ... can anyone please give right directions to me?



I have a strong feeling that I won't get the justice.




At this jucture , would it be appropriate to to go to High Court  just to ask for the injunction on interim maintenance order?   does this amount to simultaneous applications?  would it amount to abuse of process.


Please understand that I intend to do this because family court itself is taking huge time in making orders in injunction application!!!



I won't be filing any writ under 227 or so, but just because my injunction application is taking longer time I want to apply simultaneously to High Court.


I have lost faith that even on the next date there would be any new hurdle!!!




Kindly explain the process of obtaining the temporary injunction on interim maintenance order which is passed by family court.

I have already filed review application at family court  ....... within time ...  and also had filed this injunction/stay of execution, until the disposal of Review!!



Needless to say that I have strong reasons to ask for review of it and get it set it aside in review.









 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 January 2012

Family court can review only on the point of quantum of amount but no review is allowed qua the maintenance if the prima-facie evidence otherwise show the reasons to do so. It is better to go to high court.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Rightly stated by Ld. Mr. Makkd.


Withdraw the same and move HC.





Shonee Kapoor

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