High court case

housewife

I just want to know a basic thing.. Recently supreme court has passed a ruling that if an appeal is filed in the high court against a trial court order then trial court case proceedings should not be put on hold and that appeal in high court should continue..if the high court judge wants to see the trial court record then a photocopy of trial court proceedings should be called for.. So i just want to know that if an order is passed under domestic violence case and if an appeal is filed in the high court against the dvact order then will the high court judge put a stay on the dvact proceedings till the high court appeal is pending ??
 
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DELHI HIGH COURT ADVOCATE

why a High Court judge put a stay on the proceeding. No, he will not stay the proceeding until and unless the facts of the case demand so.

Waise it all depends on the grounds, on which you have preferred an appeal. 

And I would request you to please specify your query, as why you have preferred an appeal, against which order? It all matters.

Thanks,

Regards,

Aman Chawla

 
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housewife

@amanchawla sir - thanks for ur advice.. please confirm.. I got married in 2012.. lived in matrimonial home for 2 years.den i was constrained to leave matrimonial home.so i filed for dvact case in 2014 from my parental home. I made a pleading of asking for alternate accomadation but my husband refused to provide anything in his reply.. then i reentered my matrimonial home and as soon as i came back husband went to stay on rent alone..then inlaws made an application under my dvact case that they are ready to offer an alternate accomodation but i refused for it because i started living in my matrimonial home.. dvact judge passed an order in my favour that its my sharedhousehold. Then inlaws made an appeal in high court that they are ready to provide an alternate accomadation to me because i asked for it and they want me to leave my matrimonial home..matrimonial home is ancestral property.. inlaws have made a prayer in high court appeal to put a stay on my dvact case proceedings till the high court appeal is pending.
 
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housewife

@amanchawla sir - thanks for ur advice.. please confirm.. I got married in 2012.. lived in matrimonial home for 2 years.den i was constrained to leave matrimonial home.so i filed for dvact case in 2014 from my parental home. I made a pleading of asking for alternate accomadation but my husband refused to provide anything in his reply.. then i reentered my matrimonial home and as soon as i came back husband went to stay on rent alone..then inlaws made an application under my dvact case that they are ready to offer an alternate accomodation but i refused for it because i started living in my matrimonial home.. dvact judge passed an order in my favour that its my sharedhousehold. Then inlaws made an appeal in high court that they are ready to provide an alternate accomadation to me because i asked for it and they want me to leave my matrimonial home..matrimonial home is ancestral property.. inlaws have made a prayer in high court appeal to put a stay on my dvact case proceedings till the high court appeal is pending.
 
Reply   
 
housewife

@amanchawla sir - thanks for ur advice.. please confirm.. I got married in 2012.. lived in matrimonial home for 2 years.den i was constrained to leave matrimonial home.so i filed for dvact case in 2014 from my parental home. I made a pleading of asking for alternate accomadation but my husband refused to provide anything in his reply.. then i reentered my matrimonial home and as soon as i came back husband went to stay on rent alone..then inlaws made an application under my dvact case that they are ready to offer an alternate accomodation but i refused for it because i started living in my matrimonial home.. dvact judge passed an order in my favour that its my sharedhousehold. Then inlaws made an appeal in high court that they are ready to provide an alternate accomadation to me because i asked for it and they want me to leave my matrimonial home..matrimonial home is ancestral property.. inlaws have made a prayer in high court appeal to put a stay on my dvact case proceedings till the high court appeal is pending.
 
Reply   
 
DELHI HIGH COURT ADVOCATE

Oh, In that situation if you are still living in the matrimonial home, then no stay will put on D.V act proceeding.

 

But they may take a plea that your husband is not living in the matrimonial home and he is living separately from his parents and as per this you should also stay with him only.

 

BUT !!!! BUT !!!! please be sturdy on your points that it is your right to stay in the matrimonial home as it is governed by section 17 of D.V act and the same was acknowledged by the trial court, and as per your husband living is concerned he left matrimonial home after I get into, so it was a planned game. (These should be your main points and please be mainly focused on these points only)

You should also ask that the status quo should be maintained

 

Thanks,

Regards,

Aman Chawla


Total likes : 1 times

 
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housewife

@aman chawla sir- Okay.. thank you for your good advice.. may god bless you always.. i appreciate the way you help distressed people.. thank you
 
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housewife

@aman chawla sir- Okay.. thank you for your good advice.. may god bless you always.. i appreciate the way you help distressed people.. thank you
 
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housewife

@aman chawla sir- Okay.. thank you for your good advice.. may god bless you always.. i appreciate the way you help distressed people.. thank you
 
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housewife

@aman chawla sir- Okay.. thank you for your good advice.. may god bless you always.. i appreciate the way you help distressed people.. thank you
 
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