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Need interpretation of order where can i get it
04-Jan-2023 (In Civil Law)
In one of the cases under DVA I was granter Interim relief by HC Mumbai as follows: The order dated 24th June 2015 says "In the meantime, there shall be adinterim relief in terms of prayer clause (d)." Clause (d) of plaint is: "That pending the hearing and final disposal of the present Writ Petition, this Hon’ble Court be pleased to stay operation/execution of order DT. 04.08.2014 at Exhibit “A” in Appeal No. 59 of 2013 of Court of Dist. And Session Judge, Thane arising out of Complaint No. 367 of 2008 and M. A. No, 80 of 2008 on the file of JMFC, CBD Belapur Navi Mumbai and the further proceedings of Complaint No. 367 of 2008 and M. A. No, 80 of 2008 on the file of JMFC, CBD Belapur Navi Mumbai on such terms and conditions as this Hon’ble Court may deem fit and proper;" On 21st December 2016 another order is passed by HC Mumbai, on an application filed by other side, that Interim relief cannot be granted w.r.t. maintenance, What does that mean? Is the interim relief granted earlie
This is a matter which can only be confirmed after looking through the matter posted in your case. What it does bring to notice is that a query was indeed posted for which a remedy was granted however the opponent has gone for a stay on that proceeding.however I'm order to confirm please send in the exact order by the Hon. HC in your case.
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Adv. Krishnan Balakrishnan Nair
Pune | 100+ Answers
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No relief is granted to the applicant with out giving the maintenance to the defendant. No it can not be considered as interim relief granted. Please revert back to me for more details information .
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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Since there is lack of clarity in question, i presume (1) that the order stayed earlier by the high court was an order granting maintenance (2) that u r husband and the other side is ur wife.
The 1st order stays the effect and operation of order grabting maingenance.
The 2nd order says `Interim relief cannot be granted w.r.t. maintenance`.
Now if the 2nd order reads exactly what u have written in ur query, I find no contradiction at all. 2nd order can only be interpreted to mean that in view of earlier interim order passed (staying effect nd operation of maintenance), interim relief cannot be granted w. r. t. Maintenance. In ochre r words maintenanc cannot be granted at an interim stage to ur wife as the court has already stayed the effect and operation of maintenance order passed earlier.
I hope i have made myself clear. With limited and slightly vague query tat u have posted, this is only interpretation that can be made.
The 1st order stays the effect and operation of order grabting maingenance.
The 2nd order says `Interim relief cannot be granted w.r.t. maintenance`.
Now if the 2nd order reads exactly what u have written in ur query, I find no contradiction at all. 2nd order can only be interpreted to mean that in view of earlier interim order passed (staying effect nd operation of maintenance), interim relief cannot be granted w. r. t. Maintenance. In ochre r words maintenanc cannot be granted at an interim stage to ur wife as the court has already stayed the effect and operation of maintenance order passed earlier.
I hope i have made myself clear. With limited and slightly vague query tat u have posted, this is only interpretation that can be made.
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Ad interim relief means temporary protection. In your aforesaid query Honorable Bombay High Court has granted you protection till adjudication of this Writ Petition. Ad interim relief has been granted to you in earlier order.
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Adv Aditya Aklekar
Regards
Adv Aditya Aklekar
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Adv. Aditya Suresh Aklekar
Mumbai | 25+ Answers
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