LawRato

on maintenance execution order can we take stay under order 21 rule 26


05-Oct-2024 (In Divorce Law)
Judge asked me to pay maintenance arear of last 2 year can i put application in family court under Order 21, Rule 26 of the Code of Civil Procedure (CPC) of 1908 gives the executing court the power to stay the execution of an award ? i want to take stay becuase my two application alternation of interim MT and application u/s 340 are pending in court since 1 year.
Answers (5)

Answer #1
506 votes
Sir, please be noted that there are various supreme court judgements, which clarify it that the Court will not take cognisance upon your application till the trial is decided. In your case also, the court is not bound to take up and decide your application during the trial. As far as stay on execution is concerned, you may consult me in that regard.
Helpful? LawRato LawRato
Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRato Delhi | 700+ Answers
Chat with Advocate Puneet Srivastava Chat 
Answer #2
536 votes
Yes you can move an application for stay your execution proceedings and for 340 crpc before court and you will approach the high court on your pending applications . if you want to discuss more on it then you will contact me
Helpful? LawRato LawRato
Advocate Himanshu Jain

Adv. Himanshu Jain

LawRatoDelhi | 100+ Answers
Chat with Advocate Himanshu Jain Chat 
Answer #3
539 votes
In case if i am assuming it to be a maintenance petition under section 125 crpc then you cannot file application under Order 21 Rule 26 cpc as maintenance proceedings are governed by crpc not by cpc. Moreover, what you can do is in such a situation you may approach the Hon'ble High Court to seek directions from The Hon'ble Court for timely disposal of your application of alteration and in the meantime until the disposal of the said application you can also seek stay of execution
Helpful? LawRato LawRato
Advocate Abhimanyu Goel

Adv. Abhimanyu Goel

LawRatoDelhi | 25+ Answers
Chat with Advocate Abhimanyu Goel Chat 
Answer #4
637 votes
Please feel free to contact me at your earliest convenience regarding your legal issue. I’m here to provide assistance and discuss how we can proceed with your case effectively. Kindly contact through the same. Looking forward to hearing from you and assisting you further.
Helpful? LawRato LawRato
Advocate Abhishek Kathuria

Adv. Abhishek Kathuria

LawRatoDelhi | 25+ Answers
Chat with Advocate Abhishek Kathuria Chat 
Answer #5
891 votes
Yes, you can file an application under Order 21, Rule 26 of the Civil Procedure Code (CPC) to seek a stay on the execution of the order for maintenance arrears, especially since your other applications (for alteration of interim maintenance and under Section 340 CrPC) are pending in court.
Helpful? LawRato LawRato
Advocate Rupal Dwivedi

Adv. Rupal Dwivedi

LawRatoDelhi | 50+ Answers
Chat with Advocate Rupal Dwivedi Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato