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INTERIM ORDER TO PAY MAINTAINCE AND ITS OBLIGATION


03-Feb-2026 (In Divorce Law)
HI I HAVE A CASE IN WHICH I WAS ORDERED TO PAY 15000 FROM THE NEXT CALENDER MONTH.THE ORDER WAS ISSUED ON JAN 27 OF 2026. I AM YET TO RECEIVE THE PHYSICAL ORDER,THOU I HAVE APPLIED FOR A ORDER TO TAKE IT TO HIGH COURT TO APPEAL AGAINST IT. MY QUESTION IS DO I HAVE TO PAY THE 15,000 IN FEB OR NOT, AS I HAVE TIME TO APPEAL AGAINST IT... MY LAWYER IS GIVING ME MIXED RESPONCE SO I AM A BIT JUMPY AND WANTED TO KNOW ABOUT IT,HENCE I POSTED MY QUESTION HERE...THANKS IN ADVANCE FOR THE RESPONCE.
Answers (2)

Answer #1
641 votes
Dear Client…. Maintenance order was passed from the date of order or date of petition filed??? Under court of law they usually pass an order from the date of petition filing… Come to your question you are willing to show your bonafide you pay the maintenance amount… otherwise you are not in position to pay arrears then go and approach the high court… Need furthermore clarification or doubts contact any time thank you
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Advocate Iyappan. E

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Answer #2
698 votes
Unless there is a specific stay granted by the appellate court, the maintenance order remains enforceable. Filing an appeal or applying for a certified copy does not automatically suspend the operation of the order. If the order directs payment from the “next calendar month,” you are legally expected to comply unless a stay is obtained before the due date. Non-payment may expose you to execution or coercive proceedings. You should urgently seek interim stay from the High Court if you intend to defer payment during the pendency of the appeal.
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Advocate Hemalatha Narayanan

Adv. Hemalatha Narayanan

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