Reopen dv case
Geeta
(Querist) 01 December 2015
This query is : Resolved
In my dv case ,interim orders were passed for which I filed an appeal in sessions court .when my appeal arguments were complete ,husband also filed an appeal for same interim order with delay condonation ,but the court had decided to hear both appeal separately .Now both the appeals are transferred to another court and the new court wants to run both cases simultaneously .meanwhile the lower court wanted to proceed the matter and asked me to file evidence affidavit ,which I could not file .hence the lower court has dismmised the case .
Can I restore the case in same court or do I need to file an appeal for the same .
What is the faith of the appeals which are going in the sessions ?
Please Experts can you guide me on this .Thank u.
SAINATH DEVALLA
(Expert) 01 December 2015
I am really surprised how a case wherein the arguments are over and a newly filed appeal are clubbed together.Both the appeals were in the sessions court,why did the lower court come into the picture/clarify
Geeta
(Querist) 01 December 2015
Sir , the appeal is for dv interim orders . In my appeal oral arguments in session court were done and the husbands side wanted to give written notes for the same ,hence a date was given ,but the case was transferred as the judge was transferred . Husband appeal which was just started ,(I had to file say for delay condonation on the next date ) was also transferred .
The previous sessions court was giving very short dates for my appeal hence we did not take a stay to stop lower court proceedings ,and just gave application in lower court ,which also gave adjournments for three dates .But when the appeal was transferred ,lower court was not ready to adjourn and asked us to file evidence affidavit for last two dates.
Sir on the last date in sessions appeal my advocate could not press for staying procedure in lower court as he came late and date was already given .
Another thing is husband has also given an stay application in sessions along with delay condonation. Sir because of husbands appeal my appeal was delayed ,but the lower court was not ready to listen .
SAINATH DEVALLA
(Expert) 02 December 2015
Even though UR advocate was late,were U not present in the court?
I am surprised by the act of the lower court,when the appeals are pending in the sessions court.
Geeta
(Querist) 02 December 2015
Sir ,I was present ,the sessions court asked me whether I would be filling my reply to condonation delay .I said yes and went out to give a call to my advocate , by the time I returned next date was already given .When my advocate came he told the court that lower court is asking us to file chief and so our stay application be herd today.The court then asked my advocate to search if husbands advocate is any where around and call him ,but we could not find him .so the matter was kept for the next date .
SAINATH DEVALLA
(Expert) 02 December 2015
Something vital is missing from URside regarding the proceedings in the sessions court.Once U responded to the call of the court and when the advocate was not present,U could have asked for pass over,and U would have been called again,after the call work is over.
V R SHROFF
(Expert) 02 December 2015
YOUR ADVOCATES WILL DO THE NEEDFUL //
THIS BEING PROFESSIONAL QUERIES..
& U R TEACHER..
Rajendra K Goyal
(Expert) 02 December 2015
Full case file need to be referred, discuss with your lawyer and in case of need take second opinion by showing full case file.
Geeta
(Querist) 02 December 2015
Sir , the sessions court was not aware that I would be pressing for stay application when my appeal was at its end stage ,the court I think had no idea that lower court which was adjourning my appeal for last 3-4 dates would suddenly dispose the case .
Sir the problem is the whimsical nature of lower court .what am I suppose to do now ,please can u guide me on this .
SAINATH DEVALLA
(Expert) 02 December 2015
I really doubt U R the victim because a yr back U posted a query"regarding appeal dv order" and even before "domestic violence false statements" and in all the queries U project UR self as victim or wife.UR profile states UR a teacher/clarify
Geeta
(Querist) 02 December 2015
Respected Devalla Sir , I don't understand what u find so dubious about my post . It wish I could narrate the entire case in details to u .
Another thing I was unaware that ,being a teacher (irrespective of what income I get ) bar me from filling dv case .
Thank u .
Anupam Lahiri
(Expert) 03 December 2015
In any judicial proceedings, the parties have to come with clean hands. Often, the most prime accused comes as a complainant.
As the original case has been dismissed, you try to re-concile the position and make an amicable settlement of the dispute.
Dr J C Vashista
(Expert) 04 December 2015
Some vital information is being concealed by author.
You may seek further advise and guidance of your lawyer.
V R SHROFF
(Expert) 04 December 2015
Did sessions court called for R&P from lower court??
Dis any of you [two appeals] demand sessions court to call for R&P??
How will Sesions court decide appeal without going thru lower court records??
Once records goes to higher court, Lower court proceedings halt..How can Lower court dismiss DV?? once appeal is pending??
