Since you have filed a review petition in the high court, you should try to get a stay order from the high court against the order to pay Rs. 25 lakh as permanent alimony. Otherwise, try for an early disposal of your review petition.
In the absence of a specific stay order, the lower court would generally insist on the implementation of the order. If the lower court agrees, you may try to request the court that your review petition is pending hearing and during such pendency the order be not implemented since otherwise your review petition would become infructuous. Chances of the lower court agreeing to this in the absence of a specific stay order are less, but you can try that if there is no alternative.
You can approach the Supreme Court only after disposal of the review petition by the high court (if the order is unfavourable to you). During the pendency of the review petition in the high court, it will not be possible to approach the Supreme Court.
Another option could be to withdraw the review petition from the high court if you feel that you are not likely to get a favourable order and if the high court is not inclined to grant stay order on the permanent alimony and if it is taking time to decide the review petition. In such scenario, you can approach the Supreme Court by filing a Special Leave Petition (SLP) after withdrawal of the review petition. But, then, you’ll have to take a decision in this regard after taking all aspects into consideration and it should not be done in a casual manner.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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