May relief possible at any stage

Querist : Anonymous (Querist) 23 October 2011 This query is : Resolved
Dear experts,

In Dv case

at some stage when some appeal is pending in the session court and respondent came to know that their is no cause of action present in the filed complain.

can respondent counsel may say to trial court regarding sudden finding of absence of cause of action and later in session court. as date of trial court is first and later in session court.

may counsel can claim for dismissal of complain .

or it is better to complete the proceeding.

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Devajyoti Barman (Expert) 23 October 2011
If you could prima facie establish that there is no cause of action then it is better to move an application u/s 482 crpc before the high court for quashing the proceeding pending in the trial court.

Shonee Kapoor (Expert) 23 October 2011
I agree with Ld. Mr. Barman.

Regards,

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

Advocate M.Bhadra (Expert) 23 October 2011
During the pendency of the trial in lower Court,merit of an application u/sec.482 Cr.P.C. in High Court is rare case.

Kiran Kumar (Expert) 23 October 2011
the quashing petition is maintainable....but in this case the question is whether the trial court has finally disposed off the matter or the appeal before the Sessions Court is against the interim orders only....

if the trial court has disposed off the trial then no logic in approaching the HC in quashing petition...

otherwise also, you may raise your relevant pleas before the appellate court.