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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am from India. Can you please extend your help in regards

Customer Question

Hi! I am from India. Can you please extend your help in regards ***** ***** legal system.
JA: What state are you in? It matters because laws vary by location.
Customer: Maharashtra
JA: Has anything been filed or reported?
Customer: Yes. I need calrification on an order by High Court of Mumbai.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really.
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
Can you please check following link: https://www.localcircles.com/a/home?pid=5DA3WxWTaXeiVF0BFGr-L-DrUH_i5KMs3I0wt3MOIqUOr my question posted at this link:Effective April 2014, Sessions Court ordered to pay Rs. 25,000/- per month maintenance to my wife under DVA.I filed WP/124/2015 in Mumbai HC. Vide order dated 24th June 2015, The Honourable High Court Mumbai, ordered “there shall be ad-interim relief in terms of prayer clause (d).”The clause (d) of the plaint reads “That pending the hearing and final disposal of the present Writ Petition, this Hon’ble Court be pleased to stay operation/execution of order DT. 04.08.2014 at Exhibit “A” in Appeal No. 59 of*****of Dist. And Session Judge, Thane arising out of Complaint No. 367 of 2008 and M. A. No. 80 of 2008 on the file of JMFC, CBD Belapur Navi Mumbai and the further proceedings of Complaint No. 367 of 2008 and M. A. No, 80 of 2008 on the file of JMFC, CBD Belapur Navi Mumbai on such terms and conditions as this Hon’ble Court may deem fit and proper.”On 9th December 2016, HC Mumbai passed an order “Due to paucity of time the matter is adjourned to 21/03/2017. Ad-interim relief if any to continue till then.”On an application filed by my wife, HC Mumbai passed attached order dated 21/12/2017. Case was admitted and is pending for final hearing and judgement.On 20th March 2017, my wife filed an application in JMFC Vashi for issuing distress warrant for not paying maintenance from 1st April 2014, till date. Despite my filing written statement, JMFC Vashi allowed the distress warrant for attaching my movable property. I filed review petition also in JMFC Vashi, which has again been dismissed yesterday. Grounds for dismissing Review Petition are yet to be known as order copy has not been received.The police report on distress warrant says, I do not have any movable property, but I have immovable property in my name, which can be attached. My wife is staying at that premises and I am staying in a rental premises. However, in earlier order JMFC Vashi ordered that I cannot create third party interest in that property. My wife is earning while I am unemployed.My wife has moved an application for issuing Non-Bailable warrant against me.I would like to know from learned members of this forum:1. Whether, the stay order passed by HC Mumbai dated 24th June 2015 stands vacated as per attached order dated 21/12/2016?2. If the stay order stands vacated, am I liable to pay the maintenance effective 1st April 2014 or 21st December 2016 or 21st March 2017?3. In view of these facts, what are the remedies available to me?
Expert:  Attorney2 replied 2 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 2 months ago.

You will need an international law attorney or an attorney practicing law in that area of India to assist you. Would you like me to provide links for Attorneys that can assist you in this matter?

Customer: replied 2 months ago.
Well, being new to this forum, I am unable to understand your question. I simply needed answer to my questions. Can u please answer my query first before proceeding further.
Expert:  Attorney2 replied 2 months ago.

I am not an Attorney that practices law in India.

Customer: replied 2 months ago.
I don't think, Laws of USA and India could be that very different. While we await the response from another Lawyer, can you please let me know your opinion assuming that, such an incidence has happened in USA.