Stay order

Yes, along with the appeal, an application for condonation of delay under Section 5 of the Limitation Act will have to be filed, or you can also file an application under Section 127crpc for alteration of the maintenance amount.

The appeal may be accepted by the High Court if you have cogent reasons for condonation of delay of about 2 months.

It is not sure that the High Court shall stay operation of order passed by the Family Court, which is (generally not stayed)

However, before acceptation of appeal you will have to clear the dues as awarded to your wife.

You can file the appeal along with a petition to condone delay with an affidavit for the reasons for delay.

You can get a stay order if you comply with the conditions imposed by court.

Dear All

Thank you for the replies I received.

Regards

Now file application for condonation of delay alone with application for grant of stay order in high court to get stay order. 

You have to attach one application under sec 5 limitation act asking for condonation of delay plus an affidavit of you really want seek the stay you have to prove it by enough evidence that the impunged order made by the lower court was drawn on the basis of false evidence served by the Plaintiff and involved the concealment of fact which is considered as a crime in the eyes of law , also can ask court to take action against the party for concealment of the fact

Sir

Thank you.

Happy Diwali.

Regards

@ Capt Ravi Kudari,

What is the opinion and advise of the lawyer engaged  by you, since s/he is well aware about facts and circumstances of the case, an able, competent, intelligent enough  and duty bound to satisfy your queries. However, if you are not satisfied with the performance / competence of your counsel it would be appropriate to replace him/her otherwise, seek a second opinion from some other local prudent lawyer with relevent case file.

We have analysed and formed opinion and obliged on the basis of information and facts posted in the query, you may agree. 

Regards and Best of luck.

Maj (Dr) J C Vashista (Retd)

Advocate 

Cell #9891152939 email: majjagdish@gmail.com