1. Order of interim maintenance is not a final order. It is only an interim arrangement ordered by the court which would remain in existence so long as the maintenance case is pending before it, which can be materially revoked by the final order.

2. Unless there is a stay ordered by the High Court the husband is liable to pay the interim maintenance. Mere filing of an appeal does not mean that the husband is absolved of his duty to honour the order of the lower court which has not been stayed by the HC.

1.Mere pendency of appeal is no ground to stay operation of the order of magistrate.

2. if the interim order of maintenance is challenged beofre the high court and during its pendency the magistrate passes final order of maintenance then the appeal pending before the magistrate becomes infructuous and liable to be dismissed.

3. During its pendency husband is liable to pay the arrears maintenance.

Hello,

Filing of the appeal does not means that the order of the lower court can not be enforced, the order of the lower court can not be enforced only in such cases where some interim order is passed by the high court. therefore, I suggest you to file another application in the Hon'ble High Court for some interim relief, otherwise there is no legal impediment if the lower court asks you for giving the payment.

Regards

If no stay is granted by HC you are bound to comply with trial court and pay the interim maintenance amount

2) the reason why trial court can ask you to comply with its orders and pay interim maintenance is that no stay has been granted by HC

1. Interim maintenance has been allowed by the lower Court.

2. Appeal has been filed against the said order for interim maintenance before the High Court but no stay order on the lower court order has been passed by the High Court.

3. The husband shall have to honour the lower court order and pay for the interim maintenance till the said order is stayed or set aside by the High Court.

4. Mere filing an appeal against the lower court order does not automatically grant stay on the said lower Court order.

1. in pendency of appeal trial court cannot pass final order.

2. interim maintenance is interlocutory order and it can be changed any stage of proceeding. the high court can quash this order if it seems that decided in arbitrary manner.

1. you should seek in the petition before the high court for stay of proceeding before the trial court.

2. interim maintenance is granted only to save wife from destitution.

Hi if crpc125 interim maintenance is allowed in the lower court and pending in appeal High Court does the High Court appeal automatically get dismissed if they say in lower court it's a final order.

It is not so. The lower court cannot confirm the same if the appeal before high court is not decided yet.

If appeal is pending in High court for interim maintenance can the lower court still ask for payment As if appeal pending why can they ask?

The lower court will not ask for maintenance but the petitioner may play tricks on court saying that since there is no stay by high court on the execution of the order for payment of interim maintenance, this court may pas orders on the respondent to pay the same as per law, in that situation the respondent may once again approach high court with an application seeking to stay the orders of the lower court in view of the pendency of the appeal before it.

The high court may grant stay on condition to pay 50% of arrears of maintenance