Legal Question in Family Law in India
There is an interim maintenance order passed in DVC ( Domestic Violence case) in lower court. After that if DVC quash in applied High Court and High Court judge gives an interim stay order.
Questions:
1. should the interim maintenance order that is passed in Lower court be still paid ( even though High Court has given stay)?
2. In the above circumstances, Is there any way to avoid paying/stopping/deferring interim maintenance ?
Thanks
2 Answers from Attorneys
The answers to your queries are here in below :-
1) If the High Court stays the order of the lower court then you dont have to pay anything.
2) You have already challenged the lower courts order before the High Court and The High Court can only stay the proceedings or the interim order till then you are suppose to comply the lower courts order.
a lawyer has to go through the stay order granted by the high court and also the interim order granted by the trial court for giving a fair opinion. in case the proceedings of the lower court are stayed, it is presumed that the interim order also stands stayed and till the high court does not decide it, it may not be acted upon.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
