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Can the high court put a stay on my interim maintenance order?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Maintenance

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Question: I had applied for maintenance after my husband filed a divorce. The session court has passed an order for interim maintenance, to which my husband is going to appeal in the high court to put a stay. What can I do in such circumstances? Can the high court put a stay on the interim maintenance order passed by the session court?

Asked from: West Bengal

The High Court will not stay the order of interim maintenance if the wife is living in destitution. It is the responsibility of the husband to maintain his wife and children. Court grants interim maintenance, during the pendency of proceeding, to empower the wife financially to contest her case. 

In these circumstances the High Court can interfere in the order of interim maintenance:

  • When the amount of interim maintenance is too high or excessive.
  • If the wife has sufficient means to maintain herself.
  • The amount of maintenance is unproportionate to the net income of the husband.
  • Maintenance order has been passed without affording an opportunity of hearing to the husband.

In the above conditions the High Court may stay the implementation of order and send a notice to the wife. You should appear and satisfy the court that the order of maintenance is just, reasonable and in accordance with law. 

If the above conditions do not exist in your case, the High Court will not stay the effect of interim maintenance order. A working wife is also entitled for maintenance if she is not in position to maintain the standard which would have been in her husband’s home. 

So far as interim maintenance is concerned, the reason behind is to enable the wife to bear the expenses of litigation. If wife is earning but may face hardship in handling legal proceedings the court may grant interim maintenance.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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