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SECTION 125CRPC how do we counter in both lower and high court .
06-Jul-2023 (In Divorce Law)
Hi I need to counter section 125crpc execution petition filed by my wife recently .The interim order has been passed by District court already and now she is challenging the decision of lower court in High court along with it she has moved to District court with execution petition as I need to pay arrears to her .
I have paid 70% to my daughter arrears and nothing for my wife as she is much more financial superior than me and she has hired best of laywers and they are only asking for money under this section in both the courts
I have filed section 9 / 12 / section 24 and also challenged lower court decision in HIgh court also .All decisions are pending in high court and lower courts
Need to know in case there is any chance that High court can put the stay for this order passed by lower court what are the chances and what can we do to bring our case stronger in lower court and high court both by any further applications or any other cases to be filed to support .
Hi sir
you need to fight all cases seperately, will need to do a due diligence of all the documents that have been filed in court, will need to come up with a strong strategy to fight this.
Will be happy to assist, will need to peruse the documents on record first.
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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you will have to contest the case in HC, that much you know. so far as the execution petition is concerned, it is difficult to contest unless you get a modification of the original order in your favour. So far as your petitions for restitution of conjugal rights and maintenance under HMA are concerned, they are to be treated separately. if the trial court has favoured you, I don't think there is much to worry in HC.
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