if a maintenance case is filed and proceeding in high court then will the divorce case in the lower court be halted

[User_dc8ea678]

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User_dc8ea678
PARTICIPANT
February 25, 2025 at 12:47 pm

my mom’s lower court lawyer told her that if the maintenance case is happening/proceeding in high court (which she postponed/halted due to needing to save money for an operation) then the lower court’s case can be halted or postponed ig? but is it really true or? the high court lawyer is a colleague of his and my mom is worried that they’re trying to take advantage of us.

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[Rapidbear8085]

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Rapidbear8085
PARTICIPANT
February 25, 2025 at 1:19 pm

ADVOCATE HERE. Divorce proceedings and maintenance proceedings are two separate cases. Since you have not mentioned it, I will presume that interim maintenance was ordered in divorce proceedings itself, which has been challenged before High Court. In this scenario, Trial Courts are USUALLY not barred from proceeding with divorce matter. However, examine the Order passed by High Court to actually verify the same. If halted, must have expressly been incorporated in the Order. My best wishes.

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[User_dc8ea678]

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User_dc8ea678
OP
February 25, 2025 at 1:40 pm

yes at first the order was passed in lower court but it was lower than what we need so my mom went to high court according to our lawyer’s advice

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[Happyshark11]

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Happyshark11
PARTICIPANT
February 25, 2025 at 6:53 pm

These are two distinct legal proceedings. Unless the High Court issues an order staying the lower court proceedings, the lower court proceedings can proceed as scheduled.

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