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Clarity on maintenance order challenged and stay order
25-May-2023 (In Divorce Law)
Sir, maintenance was awarded in MR case under 125. Case was heard exparte. Husband approached the same lower court vide Misc case to set aside exparte order. The court allowed with subject to heavy cost of Rs 50000. Husband approached upper court on heavy cost and requested Stay of Misc case. Misc case was stayed. We filed 125(3) case to claim maintenance arrears. His advocate giving false information in lower court that MR case has been stayed and no order should be passed in MR Ex case. Our Advocate argue that MR or MR Ex has not been stayed so court proceedings in MR Execution case should not be withheld. Request your advice please.
you need to immediately file for execution and inform court and get warrant of arrest issued against your husband and your husband shall be forced to pay and you can get your maintenance for survival immediately you must take necessary steps in accordance with the law
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Adv. Aveek Bose
Kolkata | 1000+ Answers
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if you think the argument of your husband's advocate has been accepted by the court below then your remedy would lie in challenging that order of the execution case in a higher forum within the shortest possible time.
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Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
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