NEED GUIDANCE REGARDING ARREARS IN INTERIM MAINTAINENCE ORDER

752 votes

Hello sir/ Madam, A stay application and also application for deposit of arrears can generally be filed before the High court in revision petition. The filling depends on the facts and circumstances of your case to analyse the need of filling.

Advocate Saroj H. M. LawRato

539 votes

In a revision petition before the High Court challenging an order of interim maintenance, it is generally advisable to file a separate stay application seeking suspension of the operation of the impugned order, otherwise the order of the lower court continues to remain executable. The High Court may, depending on the facts, grant stay subject to certain conditions such as deposit of part or full arrears. There is no uniform statutory provision mandating deposit, but courts often direct deposit to balance the interests of both parties. Sometimes litigants also deposit the amount before the trial court or offer to deposit before the High Court to show bona fides while seeking stay. The exact strategy usually depends on the facts, the amount involved, and the stage of the proceedings. It would be important to examine the order and pleadings before deciding the best course in revision.

Advocate E. A. Ashwin Datha LawRato