Legal Question in Criminal Law in India

Hello Sir,

My wife has filed a false case under DV act in Feb 2009. After many happenings, I am directed by session court to pay Rs.5000 towards rent,setting aside the earlier ex-aparty order to stay in my house. She is yet to file the affedevite. After 5K order, she has purposly left the job (salary: Rs.25000) making me responsible and has amended the existing application for intrim relief of Rs.20000. Lower court granted partial relief of additional Rs. 7000. I have appealed to Session court against this, as I am unable to pay any more amount than 5000 (even this is causing financial stress). By the time now she managed to delay the hearing at appelete court and now filed application in lower court for recovery of mentainance. I am not sure how the law is working. Lower court is well aware that the appeal has been filed and still entertaining such application. What are possibility that she would get relief in this also ?

Please help with any suggestion.

Regards.


Asked on 4/19/11, 2:03 am

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Appellate court has not given you any stay against the order of lower court. Has the appelate court asked for the lower courts file or not ?Ask your lawyer to press upon the stay of the order of lower court till then the lower court has all the right to entertain the petition pending before the court.

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Answered on 4/19/11, 2:20 am


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