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Possibility of filling for execution before the appeal for maintenance


13-Oct-2023 (In Family Law)
Ld M.M. Passed an maintenance order where I have to pay maintenance to my wife 12,000/- , when I’m earning only 17500/- ,I filled an appeal where the appellate court ordered to pay 50% of arrears , I have paid that too . But for the current month opposite side lawyer says that you have to pay 12000/- per month else I will file execution . My question is before deciding the appeal can I be directed to pay the full amount in execution ? Can I challenge execution without issuing of warrants against me ? Please guide
Answers (3)

Answer #1
568 votes
Sir first ask your lawyer to take bail on your arrest .and on the other hand file for divorce and if you can pay file for one time alimony for wife for life . After that no need to go to court your Lawyer will deal the case on dates.
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Answer #2
502 votes
Once you have paid 50% of arrears as per appellate court order, you should have sought a stay for further execution. You can still file an application and seek stay. Meanwhile your appeal will be decided. Unless you seek stay, opposite party can always file an execution and make you pay.
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Advocate Kirtika Mukesh Bura

Adv. Kirtika Mukesh Bura

LawRato Delhi | 25+ Answers
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Answer #3
512 votes
Firstly, if you are seeking query that you can challenge the execution filed against you, my opinion for this query is "Yes", as the appeal filed by you is still pending before the session (appellate) court and till the judgement is not declared from the session (appellate) court, execution could not be entertained or admitted and yes, you have full right to challenge and oppose the same. Moreover, you yourself have mentioned that you have already paid 50% of your arrears, you might have got your appeal admitted in the court of law. Whereas, if you are terrified that you can be asked to pay full amount ie. pending amount, you can't be asked to do so, until your appeal is pending, but it is to be advised that you should pay half of the maintainance to the opposite party timely, or the amount that you can afford should be paid. For further query, visit my profile @Lawrato.
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Advocate Vikrant Guleria

Adv. Vikrant Guleria

LawRatoDelhi | 25+ Answers
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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.

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