Husbands are regularly ordered to pay interim maintenance, lump-sum compensation under DV etc etc, as part of lower court proceedings. Since many can’t pay and many haven’t done anything wrong, they try to appeal. Even before they can appeal and be heard against such lower court orders (it takes years to reach HC), execution proceedings are started at lower court.
Husbands are forced to pay as per lower court orders, else Japti (seizure of property) and IF the husband is poor / unemployed etc or can’t pay, husband’s arrest is ordered.
Alas, when husbands seek stay of arrest (arising from execution), husbands are asked to pay 50% of all outstanding AND arrears which literally can kill some people.
Here is one such sad order
Names of parties etc, removed (though this MAY be publically available on court website)
High Court of Karnataka
Daily Orders of the Case Number: MFA ____/20__ for the date of order //2017
Honble Justice _____________________
Order in MFA ____/20__
It is stated by the learned counsel for the appellant that, arrest warrant has been issued in the execution of the Decree of the Family Court. Learned counsel for the respondent does not dispute the said position.
Hence, put up on 11.10.2017.
By ad interim order, it is directed that, there shall be stay against the execution of the warrant already issued by the Family Court on condition that the appellant deposits the amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) with the Family Court on or before 27.9.2017 and further deposits Rs.1,00,000/- (Rupees one lakh only) on or before 27.10.2017.
Both the amounts shall be deposited before the Family Court.
On the amount so deposited, the respondent shall be at liberty to withdraw the same.
Matter shall be considered for further amount to be deposited or not on the next date of hearing.