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D R PRAKASH   02 March 2024

What are the actions of flw

1. In a petition for abnormal maintenance, an interim order of a higher amount was passed.  A WP was filed in the HC, which issued a partial relief and payments according to it is being paid. Finally the WP got dismissed. A RP is filed in the HC against the dismissal, which is in compliance stage. Hence is the Interim Relief of the HC to be considered as in-force OR not ? The petitioner has evoked the FLW for the full payment. THE QUESTION IS - a. Does it affect in obtaining visa ?  b. Are family cases treated as criminal cases ?


 4 Replies

Dr. J C Vashista (Advocate )     03 March 2024

When the writ is stated to have been dismissed there is no case,

"NO" interim order(s) remained in force which were passed in the petition.

T. Kalaiselvan, Advocate (Advocate)     03 March 2024

Even though you have filed a revision petition against the dismissal of the writ petition,  in the absence of a stay order,  the petitioner in the lower court can proceed with the collection petition. 

The amount ordered to be paid by the trial court shall have to be paid in full. 

If the court order for payment has been disobeyed then the court can pass an order to arrest,  hence it is always a criminal case 

Dr. J C Vashista (Advocate )     03 March 2024


Family court maintenance cases do not affect issuance of visa and not criminal cases.


D R PRAKASH   03 March 2024

ThanX Sir, for the immediate clarification.

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