Stay order in dv
mohan.D
(Querist) 16 May 2014
This query is : Resolved
Dear experts
Yesterday my wife went to poilce station and given a compliant against me saying that i got stay order from the court poilce called me and my mother i told to the police that yes she got stay order on my mother house that which we have rented from 1 year and know she got stay order on 24th october 2013 and she was staying in here parents house and she has came know to infrom police that she got stay order and know she is giving compliant on 15-05-2014 after 6 months my wife father has bribe the police SI and i told the police that my mother own property no one has right.police told me its court order you have to leave the house know my tentant went to poilce to give compliant they are not receving the compliant and telling my tentant leave that house its in littigation and poilce also shouted on me and my mother and poilce told my wife go and stay in that house and she is telling my tentant that court has graunted this house you vacute the house know only.
My querys
1.what action i can take against poilce?
2.when she got stay order in 24th octeber 2013 she is coming after six months giving compliant.what action i can take against my wife?
Dear experts please help how to over come this problem.
Thanks
mohan
9880962229
Devajyoti Barman
(Expert) 16 May 2014
1. You should have challenged the stay on house order in the sessions court within one month from passing of order. I wonder why ere you sleeping so long.
2. Now for appeal it is too late. File a petition u/s 25 of the Act in the same court stating the ownership issue of the house.
Nadeem Qureshi
(Expert) 16 May 2014
Dear Querist
contact a lawyer personally, it will be better for best advise
Rajendra K Goyal
(Expert) 16 May 2014
Contact a local lawyer and show him all the documents.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 May 2014
You can file appeal in sessions court within THIRTY DAYS of coming to know of the order under DV act.
Your tenant can also file objection and for vacating the stay.
mohan.D
(Querist) 16 May 2014
Dear experts
Thank you for u r valiable suggestion
Today myself and my house tenant went to court and filed a application to give EX-Party stay has he was leaving in that from 2 years and we have produced all documents our lawyer told i will file a petion and get you EX-part stay order.
Thanks
mohan
9880962229
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
What is ex-parte stay?, I think your case has not been followed up properly by your lawyer or that you have been misguided every time about every issue. You say that your wife approached the police station at a belated stage but you have not taken any step to vacate the stay till that date or even till now?, what is your justification about it?, There is nothing wrong in she approaching the police with the stay order after 6 months because the stay order is valid as on the date of her approach to the police aid. If you feel your lawyer is not conducting your case properly, please change the lawyer lest you will stand losing the legal battle against your wife, think.
mohan.D
(Querist) 19 May 2014
Dear experts
Thanks for your vailable advice
Today i got Exparte Temporary injunction order by the vacation court u/s 28 of karnataka civil court act and under order 39 rule 1&2 of cpc against my wife who is staying in my tentant house illegal and court told that mohan mother self acquired property one has rights against here property and court also told has his tentant is staying from 05april 2013 and he is paying the rent regularly without fail to his mother and she is giving rent chalan to his tentant and here daughter-in-law has miss guided the court has proof of FIR copy,RCR degree,Here salary slip,legal notice based on this they have cancelled the stay order on my mother house.
I have collected the copy from the court and submitted to poilce station the poilce sub inspector see the copy and has not taken action i told to SI please vacte my wife from tentant place has she is leaving he only slince to my words only and i asked him will u vacte my wife has i got court order if u cannot do please give in writting and tommorrow i will tell to the judge the police SI has not taken any action SI simple slince my words and went out and i shouted and told this contumpt of court and voilenting court order i complaint to sp,IGP.MY wife father has bribe poilce.
My querys
1.what action i can take against poilce SI and what all criminal case i can put?
Please help me experts
Thanks
Mohan
9880962229
ajay sethi
(Expert) 20 May 2014
take out contempt of court proceedings if your wife refuses to vacate the premises .
forget about taking action against the cops .
mohan.D
(Querist) 21 May 2014
Dear experts
If i sumbitted the vaceted stay order also poloce are not taking any action i and mother went to police station they are telling you wife can put again 498a case and other case also and she can bring attachment of property and she can send you to jail and can make other also party in them i told then you have taken bribe from my wife and speaking like this what you told cannot be happen you are treating us speak honsently other wise i will to higher authourties and tell to the court the poloce are voilenting court orders and asked them if you cannot do job please give in writeing i know what i can do for that they are slince.
My querys
What i can do at this stage please guide me experts?
Thanks
mohan
9880962229
T. Kalaiselvan, Advocate
(Expert) 21 May 2014
You cannot initiate any action against the police for not taking action to vacate your wife from that house because in the eviction application, you have not asked police help to evict her and you do not have a court order to that effect. It is better to file an EP in which you can seek the help of police to evict her from that house. Don't approach the same SI, you may inform the higher police officer about the court order and proceed accordingly.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
police rightly acted. They have no jurisdiction to overrule court order only because you want so.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
repeated
http://www.lawyersclubindia.com/experts/To-cancell-maintance-470226.asp#.U390znb5vww
