Stay on Execution Order for Interim Maintenance
I am 45 years old, separated from my estranged wife past 7 years and fighting my divorce case in Delhi past 5 years. Family court in Delhi, ordered interim maintenance to be paid to my estranged wife in 2013 but i didn't challenge it, as I was jobless in 2013 and my council misguided me and asked me to avoid appeal as the maintenance amount was just 5k per month. I have ITR-1 for 2013-14 stating my earnings was zero and my wife was working and is still with blue dart. We have noticed inconsistency in her salary and also she appears to have deliberately incapacitated her skills. to enjoy the maintenance.
Now, after 3 years, my estranged wife's council have passed execution petition on maintenance order dated, [deleted], arrears worth 1.8 Lakh. On 27 July 16, Delhi family court have asked me to pay 1.8 lakh's arrears within 2 weeks or else my petition wud not be heard any further. My application for stay was also rejected but I don't have the order of 27th July yet.
Yes, I understand I am late for the appeal, as its a 3 years old maintenance order but i guess I can still appeal as I am not working past 18 to 20 months due to dads bad health, who is recovering from stroke and under "Vegetative state". I have many other documents besides doctors letters, disability certificate etc, which can prove that I have relinquished my job due to my dads medical condition..
My estranged wife, In pursuit of extorting quick bucks and have a planned retired life with monthly pension, she drafted the execution petition very wisely, as it projects all false and misleading stories on my property, rent and income from other sources.
I sincerely don't find any logic of this maintenance, as the woman is working and I am jobless.
Plz advice how do I go for stay against the execution order of family court.