• Needs Stay order against Interim Maintenance awarded in DV

After death of My Wife (26 years of marriage) i got married with Ms.S who represented spinster. Within 18 months i came to know that entire family is cheater, she is divorcee, father and uncle got convicted u/s. 420 and 120 1B. Father, mother and she is facing around 150 cases u/s 138. Family cheated three cooperative banks and cases are filed by them. She is having multiple date of birth on two PAN, driving license and voter card I filed a complaint in Police and lodged FIR for theft conducted by her. Immediately she filed 498 case against me. Her ABA was rejected by session court but granted by High court. Meanwhile she filed DV and granted interim maintenance of Rs. 30000 per moth. She has not filed appeal in 30 days times, but i have challenged the order before session judge and requested for stay of maintenance. The session court has asked that in view of Karnatakka high court order in the case of Smt. YAshaswini vs. Mr. M Aegudde the Court doesnot have power to stay. needs solution
Asked 4 months ago in Family Law from MUMBAI, Maharashtra
Religion: Hindu

Why you pleaded stay? You should have pleaded for quashing the order of the magistrate in the DV case. 

For any further advice/legal assistance, you must see me at my office. I'm based in Mumbai like you are; so it won't be much cumbersome for you to meet me. So contact [deleted]. ([deleted]) and take appointment

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1015 Answers
1 Consultation

4.4 on 5.0

1) What type of character she and her family has and whether they're criminal or innocent that will nor going to work here.

 

2) What court will look that you both are husband and wife. In this view court will pass order.

 

3) Now what the interim order has been passed against you is totally taking consideration your net income and around 20-30% of its interim maintenance order passed.

 

4) Now you have to deny your monthly income what actually you are getting and prove in upper court that you are earning less than 15k per month.

 

5) You can get stay order or injection from high court or ask to review lower court order and re consider your facts again.

Ganesh Kadam
Advocate, Pune
7113 Answers
60 Consultations

4.9 on 5.0

it is necessary to peruse order passed by sessions court to advice 

 

2) you have to comply with court orders pay arrears of maintenance then only court would grant you stay 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

You should move to Supreme Court ASAP 

And challenge the High Court orders 

 

Looking into her criminal records you might get the relief 

And once Supreme Court gives you relief all the lower courts are bound to follow that . 

You can send me the detailed file to me i may take out some point which can gwt you relief. 

There afe various judgements now of other high courts and supreme court who actually understands the case and pass a judgement

You can contact me "my name" 19@ gmail. com 

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

Why are you seeking stay, why not prayed for reduction/end in maintenance?

You are advise to file writ petition in high court for quashing the DV case, with interim relief of stay on proceedings, 

Facts favour your case 

Suneel Moudgil
Advocate, Panipat
1076 Answers
1 Consultation

4.3 on 5.0

their is no way to avoid any procedure of court but only way to contest and defeat the other party or compromise with the party.. 

Mohammed Mujeeb
Advocate, Hyderabad
9341 Answers
3 Consultations

4.5 on 5.0

You can very well seek stay of the operation of the trial court in the interim maintenance decision.

You can mention her background details in the appeal against the order passed by trial court in this regard.

 

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

The said court judgement is not binding to bombay jurisdiction.  It can be stayed if you deposit some amount in court under protest. 

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

You can challenge the same under writ jurisdiction of HC under article 227 .

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

Dear Sir,

Yes you can challenge the interim order in appeal if high court had stayed the proceeding


A sessions court has quashed an order granting ₹15,000 maintenance to a woman under the Domestic Violence Act, stating that “she very conveniently and mischievously concealed and withheld from the trial court the factum of her employment as a government teacher”.

Special Judge Virender Bhat also asked the trial court to deal with the hiding of employment by the woman while deciding her petition under the Act and pass appropriate orders against her with regard to concealment of material facts.

Netravathi Kalaskar
Advocate, Bangalore
2865 Answers
12 Consultations

5.0 on 5.0

you would not be granted stay 

 

2) you have to make payment as per trial court order 

 

3) court can hear your appeal against interim order of maintenance 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

They will stay if you pay some amount and give time to pay the balance part amount

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

approach high court for quashing DV proceedings

Suneel Moudgil
Advocate, Panipat
1076 Answers
1 Consultation

4.3 on 5.0

If she has filed cross case as a revenge to your criminal case, you may first obtain AB and then challenge her cases based on merits in your side.

If the sessions court is refusing to stay the case, you may approach high court with a petition under section 482 cr.p.c. fort the same relief.

You may discuss with your advocate and proceed in the direction  suggested.

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

  1. She cannot take the advantage of the complaints filed by her after you had already filed complaints against her.
  2. This should surely be  treated as counter blast in response to your complaints.
  3. Ask the session judge to dismiss the appeal and then you should go before the Hon’ble HC for getting it stayed till the final outcome of the case.
  4. The reasons and facts given in the above mentioned judgment are totally different from your present case.

Sanjay Baniwal
Advocate, South Delhi
4773 Answers
11 Consultations

5.0 on 5.0

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