Legal Question in Family Law in India

I have challanged the Interim Alimony (IA) order passed against me at High Court. For that I have filled a writ petition along with a petition for stay of the IA order.

But prior to my appearance at High Court, my wife's advocate has appeared the high court with a caveat petition only (They are not challanging the IA order directly).

My advocate in High court told me that as the opposite party appeared the court for the same, and we requested for the stay of IA order, the IA order is automatically stayed and they will not complain in the lower court. Also the IA will be decided by the High Court now, not by the lower court and it will be final.

Is it true that IA order stayed automatically in this situation? OR Shall it be decided by High Court inspite of the appearance of the opposite party?


Asked on 1/20/11, 11:20 pm

1 Answer from Attorneys
Devansh Bhardwaj Devansh Bhardwaj

My friend so far I have understood your question and according to me your filing of petition in high court is no wrong. further as you have written that your wife had filed a caveat,there is nothing to worry about that since it is the normal and routine work. Caveat is nothing but a request to the court that if any petition is filed against the particular order then no order should be passed without giving any opportunity to the person who has filed the caveat.

No, no order gets automatically stayed in any court. It is the court only who can stay or modify any order.

FOR ANY FURTHER CLARRIFICATIONS OR DISCUSSIONS YOU CAN CONTACT ON 09415109404 OR ON [email protected].

Read more
Answered on 1/21/11, 10:24 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India