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How long can the High Court stay the interim maintenance?

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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. 

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:

  1. 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. 
  2. 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.

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Shivendra Pratap Singh

Advocate

Founded Kanoonirai.com in 2014, I have been committed to delivering reliable and practical online legal advice in India.

With nearly two decades of experience as a practicing lawyer in Lucknow, I have been actively representing clients before the High Court of Judicature at Allahabad, its Lucknow Bench, as well as District Court since 2005.

My legal expertise spans across criminal law, matrimonial disputes, service matters, civil litigation, and property-related cases.

Through Kanoonirai.com, I aim to make professional legal help in Lucknow and across India more approachable, transparent, and convenient for individuals seeking trusted solutions to their legal issues.

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