Stay in family court until high court not decided
Querist :
Anonymous
(Querist) 09 September 2019
This query is : Resolved
Wife has filed divorce petition on cruelty ground under Hindu marriage act in family court by giving power of attorney to her father. In Mediation proceeding, Her father appeared but wife did not appear for mediation as wife was not present in India. So. Husband has filed an application to seek mediation with his wife in Family court. But, the Family Court refused the application filed by Husband and not granted the application . Then, Husband approached to High Court by filing a review petition against the order of th Family Court and to stay the proceeding of the Family court. Now, the problem is that, the proceeding in high court is very slow and the proceeding in the Family court is faster than the High Court. The stage in Family Court is evidence of petitioner (wife). There is no meaning to approach to High Court if the Family Court announce its order earlier than order of High Court. My question is that Can Husband file an application to stay the procedure of the case in same Family Court until the review petition not decided by High Court? What other remedies are available in this case?
SHIRISH PAWAR, 7738990900
(Expert) 09 September 2019
Family court will not stay the proceedings as you have filed review petition in high court. You have to press your stay application in high court only and get the appropriate orders. On your request family court may grant one adjournment for moving stay application in high court.
R.K Nanda
(Expert) 10 September 2019
agree with reply of above expert.
Dr J C Vashista
(Expert) 14 September 2019
Review of an order can be entertained by the same/successor Court and not higher Court.
Who have advised for review of an order passed by Family Court to be filed by High Court? Whether the petition has been admitted by High Court?
If so, can you send me details of the case at:
Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 email: majjagdish@yahoo.com Cell # 9891152939 or visit: vakil-saab.com
