The best legal way out is to urgently mention the SLP filed by you in the Supreme Court, and obtain stay order against the execution petition for implementing the high court order on alimony. This will completely protect you from any adverse order in the execution petition during the pendency of the SLP.
However, if that is not possible, then the second best option, of course, is to convince the family court to keep in abeyance the execution petition on the ground that your have filed the SLP against the high court. You have already shown the Diary No. of SLP to the family court. You can also point out to the family court that right now, the Supreme Court is closed for Dussehra vacation and will reopen only on 3rd October, 2017. Generally speaking, in these circumstances, the family court would wait for a reasonable period of time before passing an adverse order in the execution petition, though it is not legally binding on family court in the absence of a specific stay order from the Supreme Court. In the meanwhile, you should try to remove defects in the SLP filing, if any, and get a regular SLP No. and then get it listed before the SC to get a specific stay order.
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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