Dv act -2005

Querist : Anonymous (Querist) 02 October 2011 This query is : Resolved
Dear sir,

1--if any appeal is pending in the Session court regarding excess interim maintenance given to wife on wrong statements.

2--can her counsel can appeal/ submit any application in trial court regarding residential order or any other kind.when matter is pending in trial court.

3-- can respondent submit any application in trial court when some matter is pending in session court.

thank you in advance

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Shonee Kapoor (Expert) 02 October 2011
Unless there is a stay on the proceedings of lower court, all applications are maintainable.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 02 October 2011
1]You have not told what order has been passed by session court.
2]the apprehended proceedings would be available under all togather as a fresh case under DV Act.
3]If no stay has been granted by session appellate ,application to realize the maintenance before Magistrate can proceed.

SAANJAAY GUPTAA (Expert) 03 October 2011
Agree with Prabhakar Singh

Arun Kumar Bhagat (Expert) 04 October 2011
In absence of stay order, the trial court shall proceed.All applications shall be entertained.

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