What if interim maintenance is appealed in high court What if interim maintenance is appealed in high court

3 years ago

Can the husband appeal interim maintenance order from lower court in high court and stop paying until high court decides on his appeal? Or is it mandatory for husband to keep paying interim maintenance even if he appealed in high court?

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
Normally the High Court may ask the husband to deposit 50% of the arrears of interim maintenance and continue to pay monthly interim maintenance till High Court dispose his appeal.

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Advocate Niyas Fazal A

Responded 3 years ago

A.If he seek stay order payment of interim maintenance depend upon final decision of High Court.
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Rameshwar Dadhe

Responded 3 years ago

A.It will be dependent on which court order passed
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Anik

Responded 3 years ago

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A.Hi,
Yes, you can appeal the amount. However, you cannot stop paying it unless you obtain a stay order on the same. Interim maintenance is paid so as to allow the spouse to maintain herself over the course of the proceedings.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You cannot stop paying, as you will be subject to penalty. However, you can appeal the decision and try and obtain a stay order on the payment until a new amount has been decided.
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