My wife filed 498a (DP 3 and 4) on my family (mom, dad and brother) and me. As with many 498a cases, the case is false and not much in terms of accusation. The police impounded our passports and they are now with the trial court.(Malkajgiri Court, Hyderabad)
My lawyer filed a petiton in the trial court for my brother's passport and that was rejected. I asked my lawyer to file the petition in Sessions court (LB Nagar, Hyderabad) and the date for the argument is on the 11 July.
Now my query is
1. Was I right in asking my lawyer to approach the sessions court instead of the High Court?
2. Should I get him to withdraw the petition in the sessions court and file it in High Court or continue with Sessions Court?
3. If the petition gets rejected in sessions court, I heard the chances of petition passing in High Court is slim. Is that correct?
4. If the High Court rejects the petition, can I approach the High Court again with a new petition?
5. Which is the best way forward for getting back my mothers and my passport? Is it to go straight to High Court or to go to trail court first and then to other courts?
Your expert opinion is much appreciated.