In hc, stay granted for parents and later withdrawn after 6 months.
false_case_victim
(Querist) 30 July 2012
This query is : Resolved
In a DV case, High court has passed the Interim stay for respondent 2 and 3. (Respondent-1 i.e., Husband did not file for stay/quash).
And the lower (metropolitan) court has deleted the respondents 2 and 3 from the case. It has been more than 6 months now and the DVC is pending for trail. On the other hand the high court disposed the stay petition filed by the respondents 2 and 3. as the lawyer of the respondents 2 and 3 submitted the withdrawal in the high court.
My question is
1) What does it withdrawal mean here? Does it mean the respondents 2 and 3 got quashed?
2) Will there be a chance for the petitioner(wife) side to file stay vacation petition at anytime to involve respondents 2 and 3 in future?
Respected advocates, please explain.
Devajyoti Barman
(Expert) 30 July 2012
1. When their name is deleted in the lower court then they need not go for quashing in the high court.
2. She can challenge the order of deletion in the sessions court by way of Appeal.
false_case_victim
(Querist) 20 August 2012
Devajyothi sir,
You didnt understand my query.
Stay has been granted by the hon'ble high court and then, the lower court has deleted the two names by considering the order of the high court.
But the wife's party didnt try for vacating the stat petition till date. So the husband's lawyer has to submit the counter DVC petition on behalf of the husband only in the lower court as the other two respondents got deleted in the lower court based on the stay petition in the high court. The counter petitioner has been submitted and simultaneously went for withdrawal of the high court stay petition as the wife party is not willing to vacate the stay order. Now it is in disposed status in highcourt because of Withdrawn.
So please tell me now , what will be expected steps/actions from the wife's party lawyer?
