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What happens to interim maintenance case when DVC is pending
22-Jul-2023 (In Family Law)
If we file an appeal against interim maintenance order in Domestic Violence Case, What will happen to main DVC case. Will it be stayed till the interim appeal is decided in higher courts or it will proceed?
You can proceed by filing necessary petition challenging the order of Domestic Violence order. You cal also sought for stay of the further proceeding of Main DV Case.
Regarding the Stay of Proceeding. - The granting the stay is the discretionary power of the court. If you have good grounds, then you may get stay only.
Regarding the Stay of Proceeding. - The granting the stay is the discretionary power of the court. If you have good grounds, then you may get stay only.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Sir, the proceedings of main petition may not be stayed. The apex court will decide about question and legality of maintenance. The question of stay the proceedings does not arise, the court can stay the recovery of maintenance untill disposal of appeal.
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Adv. Bhojappa Kallihala
Bangalore | 400+ Answers
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If you seek a stay of the proceedings, yes it will be. It depends on how you present your case before the Appellate court. Ideally you should seek stay of the Order granting Maintenance and also stay of further proceedings in the case. If you don't want stay in the proceedings, you need not ask.
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