Question: How long can the High Court stay the interim maintenance? I’m receiving only 50% of the maintenance in pursuance of the order passed by family court. The high court has stayed my interim maintenance order.
Asked from: Tamil Nadu
There is no time period prescribed for the implementation of the stay order. It may in operation till the further order or till the next date fixed by the High Court for the hearing.
If the interim maintenance order has been stayed by the High Court for a very long time then you should move an urgency application for expeditious disposal of your case.
The maintenance order, either interim or final, cannot be stayed for an indefinite time. It is the utmost responsibility and liability of the husband to feed his wife and children. He cannot absolve himself from this responsibility unless the wife has waived out her right to maintenance or she is capable of maintaining herself.
It infers from your question that you have been facing financial hardship due to the stay of the interim maintenance order. In this situation you should move an application before the high court for listing and hearing of your case on the priority basis.
You should satisfy the court that the stay order is giving undue advantage to the husband and you are facing hardship due to the stay order and pendency of the case. In this condition the high court may take two steps:
- The high court may vacate the stay order and may direct the husband to pay the interim maintenance as fixed by the family court or may set a fixed amount per month until the disposal of the case.
- It may fix a date for the final disposal of your case if there are no legal impediments or formalities required for the disposal of your case.
In this situation it would be better for you to consult your advocate and move an application for the early disposal of your case.