suggestion for a writ in high court

fun (Querist) 15 October 2009 This query is : Resolved
Dear Sir,

Petitioner: Husband of my sister
Respondent: My sister

Petitioner(Husband of my sister)filed a case under s9 of hindu marriage act for restitution of conjugal rights on the basis of that she is living separately. The issues were framed by lower court. After two years the Petitioner(Husband of my sister)filed a case under s13 in the same court on the basis of that there's no restitution of conjugal rights from 2 years. The issues are not framed in s13 case. Petitioner(Husband of my sister) gave an application for the consolidation of both the cases and to make s13 case as leading case. The court gave the petitioner relief and ordered that since both the cases are of same nature so they should be consolidated and s13 case should be the leading case. We filed a revision in district judge court against this order but our revision is dismissed.

My sister has filed a criminal case under 498A before all the above mentioned cases were started. the Petitioner(Husband of my sister) has taken stay from high court in this case. My sister has a baby and she filed a maintenance case (125)in which judge gave maintenance and wrote in his order that there are sufficient reason why my sister is living separately.

Now what we should do for
1. The relief given to Petitioner(Husband of my sister)by lower court and dj court by consolidating s9 and s13 case ans making s13 case as leading case.
2. In how many days we can file a writ in high court against the order.

Please help and Please give some case reference for the similar cases and there orders by high court and supreme court.
Thanking You

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Raj Kumar Makkad (Expert) 15 October 2009
In case both the cases have been consolidated and petition under section 13 is a leading case even then nothing is wrong. It is the petitioner who has to prove his case and sister of your friend has to rebut the same on the grounds raised in the petition under section 125 cr. P. C. wherein it has been concluded that there are sufficient reasons to live separately. I think you should not waste your time in filing revision against the order of DJ rather should strongly defend your case pending before lower court. However, the revision should be filed earliest so that proceeding of the lower court may not reach at final stage.

Kiran Kumar (Expert) 15 October 2009
I agree with Mr. Makkad.

in fact Writ Petition is not maintainable in this case for your kind information.

in my opinion the consolidation/ clubbing of the case is rather beneficial to you as well.

if both the cases are being heard together, your sister shall insist on subsistance of marriage and she must say she had been fulilling all her matrimonial duties and will continue to do so.

so defend your case on merits and dont waste your precious money in High Court, as suggested by Mr. Makkad.